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· 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 CourtListener

Sourced 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.