· 6/15/2015
Charbono v. Sumski (In Re Charbono)
Citations
- 790 F.3d 80
- 2015 WL 3653610
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that bankruptcy courts have the inherent power to sanction parties for violations of their orders
- stating a finding of bad faith is a prerequisite for the imposition of inherent power sanctions
- finding bankruptcy courts have the same authority as other federal courts to issue punitive non-contempt sanctions for failures to comply with their orders
- “The admonition that ‘courts [are] to be cautious in using their inherent power to sanction’ remains true.”
- “Where an inherent-power sanction has the effect of reversing this [American] rule, that sanction demands heightened justification.”
- “[B]ankruptcy courts . . . by the nature of their institution must possess inherent power sufficient to manage their own affairs and impose . . . submission to their lawful mandates.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Howard, Selya, Kayatta
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.