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Legal Opinion

In Re Joseph Gioioso Carol Jean Gioioso, Debtors. Chester J. Stuebben Westfield Home News Service, Inc. v. Joseph Gioioso Carol Jean Gioioso

Court of Appeals for the Third Circuit

Decided November 16, 1992No. 92-5176PublishedCited by 57 opinions

1Opinion of the Court

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This appeal arises from the bankruptcy court’s denial of motions to assess attorney’s fees and costs against debtors who filed false affidavits in opposition to summary judgment and the district court’s af-firmance of that denial. We determine that a violation of Bankruptcy Rule 9011 requires the imposition of an appropriate sanction and that Bankruptcy Rule 7056 requires the imposition of fees and costs associated with bad faith litigation. Thus, we will reverse and remand for the imposition of sanctions and an award of fees and costs.

I

Joseph and…

2Cases cited23 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
  3. Lloyd Lieb, Trading as Specialized Cassettes v. Topstone Industries, Inc., and D. Robbins & Co., Inc.Court of Appeals for the Third Circuit · 1986
  4. Alvaro Quiroga v. Hasbro, Inc. And Playskool Baby, IncCourt of Appeals for the Third Circuit · 1991
  5. Apple Computer, Inc., a California Corporation v. Franklin Computer Corporation, a Pennsylvania CorporationCourt of Appeals for the Third Circuit · 1983

18 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
  2. In Re Schaefer Salt Recovery, Inc.Court of Appeals for the Third Circuit · 2008
  3. In Re Robert Frank-Leonard Wilson, Debtor. Lisa Baldino v. Robert Frank-Leonard Wilson Bunce D. Atkinson, TrusteeCourt of Appeals for the Third Circuit · 1997
  4. In Re: Orthopedic Bone Screw Products Liability Litigation Legal Committee, at 98-1762 American Academy of Orthopaedic Surgeons, North American Spine Society, and Scoliosis Research Society (The Medical Associations), at 98-1829Court of Appeals for the Third Circuit · 1999
  5. Wachovia Bank, N.A. v. SpitkoUnited States Bankruptcy Court, E.D. Pennsylvania · 2006

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