In Re Les Deville, Debtor. In Re Steven J. Dagget, Debtor. In Re Daniel Miller, Debtor. Daniel Miller, Jr. Arlo Hale Smith v. Noreen Cardinale

How courts have described this case

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

• concluding that bankruptcy court has inherent power to sanction attorney who, in bad faith, files bankruptcy-related notices to delay a state court trial
• holding that, although Rule 9011 sanctions were inappropriate given movant’s failure to serve the motion, sanctions pursuant to the court’s inherent authority were appropriate
• holding due process accorded even when the order to show cause stated Rule 9011 as basis for sanctions when attorney was ultimately sanctioned under inherent sanction authority because sanctionee was aware that he was accused of acting in bad faith
• noting that the Ninth Circuit still looks to the Advisory Committee Notes to the 1993 Amendments to Civil Rule 11 to inform judgments about the procedures required in imposing sanctions under Rule 9011
• explaining that it “is clear that the rulemakers did not have in mind 16 the criminal contempt process” when adopting the sanctioning authority of Federal Rule of 17 Civil Procedure 11 and Federal Rule of Bankruptcy Procedure 9011
• holding due process accorded even when the order to show cause stated Rule 9011 as basis for sanctions when attorney was ultimately sanctioned under inherent sanction authority because sanctionee was aware that he was accused of acting in bad faith

Source: CourtListener parenthetical corpus (CC0).