In Re Highgate Equities, Ltd., Debtor. Shmuel Klein, Movant-Appellant v. Wilson, Elser, Moskowitz, Edelman & Dicker and David L. Tillem

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “under Rule 11(b)(3), ‘sanctions may not be obtained unless a particular allegation is utterly lacking in support’” (citation omitted)
• The bankruptcy court exceeds its discretion “if it based its ruling on an erroneous view of the law.”
• “Courts have generally [applied Rule 11 to letters] only where the letter in question was in effect a motion in disguise, recognizing that failure to sanction in such cases would elevate form over substance.”
• “We review the Bankruptcy Court’s imposition of sanctions for abuse of discretion.”

Source: CourtListener parenthetical corpus (CC0).