Legal Opinion

In Re Les Deville, Debtor. In Re Steven J. Dagget, Debtor. In Re Daniel Miller, Debtor. Daniel Miller, Jr. Arlo Hale Smith v. Noreen Cardinale

Court of Appeals for the Ninth Circuit

Decided March 15, 2004No. 19-70323PublishedCited by 148 opinions

1Opinion of the Court

OPINION

POLLAK, District Judge.

This appeal from the Bankruptcy Appellate Panel (BAP) presents challenges to sanctions imposed by the Northern District of California, San Francisco Division, of the bankruptcy court on appellants Arlo Hale Smith and Daniel Miller. The sanctions — which were largely sustained by the BAP — were based on appellants’ misconduct in improperly invoking the processes of the bankruptcy court to block the progress of a state court civil action in which Smith was counsel for the defendants, one of whom was Miller. The obstructionist techniques employed by Smith and Miller…

2Cases cited24 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. Brown v. AllenSupreme Court of the United States · 1953
  4. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  5. Hutto v. FinneySupreme Court of the United States · 1979

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3Cited by148 opinions

  1. Holgate v. BaldwinCourt of Appeals for the Ninth Circuit · 2005
  2. Price v. LehtinenCourt of Appeals for the Ninth Circuit · 2009
  3. In Re FerrellCourt of Appeals for the Ninth Circuit · 2008
  4. In Re Filiae Eliapo in Re Judy Eliapo, Debtors, Law Offices of David A. Boone v. Devin Derham-Burk U.S. TrusteeCourt of Appeals for the Ninth Circuit · 2006
  5. In Re Frank Salazar in Re Margaret Salazar, Debtors, Frank Salazar Margaret Salazar v. Kathleen A. McDonald Armando Flores Christine FloresCourt of Appeals for the Ninth Circuit · 2005

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