Legal Opinion

White v. Burdick (In Re CK Liquidation Corp.)

Bankruptcy Appellate Panel of the First Circuit

Decided March 11, 2005No. BAP No. MW 04-060, Adversary No. 03-44906-HJBPublishedCited by 34 opinions

1Opinion of the Court

LAMOUTTE, Bankruptcy Judge.

This matter is on appeal from a bankruptcy court order (the “Order”) sanctioning unsecured creditor Robert White (the “Appellant”) pursuant to Bankruptcy Rule 9011(c)(1)(B) for filing a motion with arguments not warranted by existing law or by nonfrivolous argument to extend or modify existing law, and for the improper purpose of harassing estate functionaries. We conclude that the court did not err in concluding that the Appellant had violated Rule 9011, and that the court did not abuse its discretion in ordering the Appellant to pay $2,500. As such, we AFFIRM the…

2Cases cited20 opinions

Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
John Clark Donatelli v. National Hockey LeagueCourt of Appeals for the First Circuit · 1990
Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
In Re Larry T. & Cynthia J. Martin D/B/A a & W Drive-In Restaurant & Martin's Exxon, Debtors. Appeal of Larry T. & Cynthia J. MartinCourt of Appeals for the First Circuit · 1987

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

3Cited by34 opinions

Lafayette v. Collins (In Re Withrow)Bankruptcy Appellate Panel of the First Circuit · 2009
Kristan v. Turner (Kristan)Bankruptcy Appellate Panel of the First Circuit · 2008
In Re M.A.S. Realty Corp.United States Bankruptcy Court, D. Massachusetts · 2005
Castellanos Group Law Firm, L.L.C. v. Federal Deposit Insurance (In re MJS Las Croabas Properties, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2016
In re MJS Las Croabas Properties, Inc.United States Bankruptcy Court, D. Puerto Rico · 2015

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