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· 6/25/2002

Miller v. Cardinale (In Re Deville)

Citations

  • 280 B.R. 483
  • 2002 Bankr. LEXIS 720
  • 2002 WL 1489397

How courts have described this case

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

  • recognizing that the Ninth Circuit does not regard a bankruptcy court as a “court of the United States” for purposes of 28 U.S.C. § 1927
  • stating that there must be a separate notice for sanctions, and that the notice must specify the authority for the sanctions, as well as the sanetionable conduct
  • finding that Rule 9011(c)(2) limits any monetary 16 sanction that is imposed pursuant to a sua sponte order to a 17 penalty payable to the court
  • finding that Rule 9011(c)(2) limits any monetary 16 sanction that is imposed pursuant to a sua sponte order to a 17 penalty payable to the court
  • “Rule 9011, like its counterpart Federal Rule of Civil Procedure 11, is designed to encourage counsel (and parties) to avoid groundless filings or filings filed for im proper purposes, largely through the imposition of sanctions.”
  • “The fundamental question related 19 to due process is whether Appellants received any type of notice 20 that was reasonably calculated under all the circumstances to 21 apprise them of the pendency of the action and afford them an 22 opportunity to present their objections.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marlar, Perris, Klein

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.