Legal Opinion
In Re Schaefer Salt Recovery, Inc.
Court of Appeals for the Third Circuit
Decided September 9, 2008No. 06-4574PublishedCited by 128 opinions
1Opinion of the Court
OPINION OF THE COURT
BARRY, Circuit Judge.
A distinguished judge of the United States Bankruptcy Court for the District of New Jersey found that petitions filed seriatim under Chapter 11 and Chapter 7 of the Bankruptcy Code, and quickly dismissed, were filed in bad faith in a blatant abuse of the Bankruptcy Code and the Bankruptcy Court. Refusing to allow the Court “to be used as a litigation tool,” sanctions were imposed under 28 U.S.C. § 1927 on a finding that the “reprehensible” conduct of counsel fell well within that statute by having multiplied the proceedings unreasonably and vexatiously.
2Cases cited36 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
- Stephen Michael Ridder v. City of Springfield, Clark CountyCourt of Appeals for the Sixth Circuit · 1997
- Mary Ann Pensiero, Inc. v. LingleCourt of Appeals for the Third Circuit · 1988
31 more not listed; retrieve them via the Exa API.
3Cited by128 opinions
- Lamboy-Ortiz v. Ortiz-VelezCourt of Appeals for the First Circuit · 2010
- In re: Jeffrey J. Prosser v.Court of Appeals for the Third Circuit · 2015
- In re Royal Manor Management, Inc.Bankruptcy Appellate Panel of the Sixth Circuit · 2015
- Ettinger & Associates, LLC v. Miller (In Re Miller)Court of Appeals for the Third Circuit · 2013
- Keeler v. PRA Receivables Management, LLC (In Re Keeler)United States Bankruptcy Court, E.D. Pennsylvania · 2009
123 more not listed; retrieve them via the Exa API.