Miller v. Cardinale (In Re Deville)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
INTRODUCTION
Appellants challenge the bankruptcy court sanction award against them, which included a compensatory sanction of reasonable attorneys’ fees and costs, plus a penalty for deterrence purposes, both of which were awarded to the opposing party. Appellants contend that the court exceeded its authority and violated due process. We AFFIRM in part, and REVERSE and REMAND in part.
FACTS
Arlo Hale Smith and Daniel Miller, Jr. (“Appellants”) were personal friends and business associates who owned a real estate firm. Smith was an attorney and licensed real estate…
2Cases cited23 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
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3Cited by64 opinions
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- In Re Les Deville, Debtor. In Re Steven J. Dagget, Debtor. In Re Daniel Miller, Debtor. Daniel Miller, Jr. Arlo Hale Smith v. Noreen CardinaleCourt of Appeals for the Ninth Circuit · 2004
- In Re Schaefer Salt Recovery, Inc.Court of Appeals for the Third Circuit · 2008
- Fjeldsted v. Lien (In Re Fjeldsted)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- B-Real, LLC v. Chaussee (In Re Chaussee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
59 more not listed; retrieve them via the Exa API.