Legal Opinion

Williams v. Clark (In Re Clark)

United States Bankruptcy Court, E.D. Pennsylvania

Decided October 27, 1988No. 19-00026PublishedCited by 31 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

In deciding the outcome of the instant proceeding, we must address this court’s powers to determine and penalize the contemptuous behavior of a Chapter 13 Debtor-landlord. We hold here that we do have power to impose civil contempt penalties, including limited monetary sanctions, upon the Debtor in order to compensate the victims of the Debtor’s conduct and to implement the Orders of this Court. However, we conclude that all other potential damage claims of the Plaintiff-tenants must be relegated to the bankruptcy claims process and…

2Cases cited53 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
  3. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  4. Shillitani v. United StatesSupreme Court of the United States · 1966
  5. Hicks Ex Rel. Feiock v. FeiockSupreme Court of the United States · 1988

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

3Cited by31 opinions

  1. In the Matter of Hipp, Inc., Debtor. Thomas J. Griffith, Trustee v. David OlesCourt of Appeals for the Fifth Circuit · 1990
  2. Schewe v. Fairview Estates (In Re Schewe)United States Bankruptcy Court, W.D. Michigan · 1989
  3. Kerney v. Capital One Financial Corp. (In Re Sims)United States Bankruptcy Court, E.D. Tennessee · 2002
  4. TM Carlton House Partners v. Career Planners, Inc. (In Re TM Carlton House Partners, Ltd.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. In Re McNeilUnited States Bankruptcy Court, E.D. Pennsylvania · 1991

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

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