Legal Opinion
Eisinger v. Way (In Re Way)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided December 16, 1998No. BAP Nos. NV-97-1905-RPMe, NV-97-1916-RPMe, NV-97-1948-RPMe, Bankruptcy No. 97-23024-LBRPublishedCited by 15 opinions
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge.
The bankruptcy court sanctioned three attorneys for violating the automatic stay provisions of § 362 1 by obtaining dismissal post-petition of the pro se debtor’s prepetition state court complaint against their clients. The attorneys 2 appeal. We REVERSE.
I. FACTS
The material facts are not in dispute. 3 In March 1997, appellee Kenneth R. Way filed a complaint in propria persona in the District Court of Clark County, Nevada, for damages against numerous defendants. Appellant/attorney Paul F. Eisinger 4 represented defendant Western Surety Company;…
2Cases cited3 opinions
- John L. Dean v. Trans World Airlines, Inc. Air Line Pilots Association, InternationalCourt of Appeals for the Ninth Circuit · 1995
- Gordon v. Whitmore (In Re Merrick)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- White v. City of Santee (In Re White)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
3Cited by15 opinions
- Palmdale Hills Property, LLC v. Lehman Commercial Paper, Inc.Court of Appeals for the Ninth Circuit · 2011
- Lehman Commercial Paper, Inc. v. Palmdale Hills Property, LLC (In Re Palmdale Hills Property, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Copeland v. Kandi (In Re Copeland)United States Bankruptcy Court, W.D. Washington · 2010
- Hi-Tech Communications Corp. v. Poughkeepsie Business Park, LLC (In Re Wheatfield Business Park, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- In Re PorterUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
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