Legal Opinion
In Re Stern
United States Bankruptcy Court, S.D. New York
Decided October 19, 2001No. 18-37042PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION ON SANCTIONS FOR SHAM INVOLUNTARY FILING
ADLAI S. HARDIN, Jr., Bankruptcy Judge.
An involuntary petition which is not duly served upon the alleged debtor raises twin specters of collusion and oppression. When a Bankruptcy Court suspects an involuntary filing is a sham or is collusive, the Court may make proper inquiry into the circumstances of the filing. F.D.I.C. v. Cortez, 96 F.3d 50 (2d Cir.1996). This Court has made such inquiries on two recent occasions. After a hearing in In re Judah Grossinger, 268 B.R. 386 (Bankr. S.D.N.Y.2001), the Court ruled that it would sanction…
2Cases cited2 opinions
- In Re GrossingerUnited States Bankruptcy Court, S.D. New York · 2001
- Federal Deposit Insurance Corporation, as Receiver for Goldome v. Nellie CortezCourt of Appeals for the Second Circuit · 1996
3Cited by2 opinions
- In Re Mi La SulUnited States Bankruptcy Court, C.D. California · 2007
- Claudia CadenaUnited States Bankruptcy Court, C.D. California · 2022