· 8/17/2009
United States v. Barajas-Avalos
Citations
- 343 F. App'x 193
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding malice where petitioning creditors' claims were subject to a bona fide dispute and petition was filed to stay a state court action
- finding the petition was filed for an improper purpose where, among other things, two of the creditors \had no claim whatever against\ the debtor and the third creditor's claim was subject to a bona fide dispute
- punitive damage award under § 303(i)(2)(B) of double the compensatory damages does “not begin to approach the constitutional outer limit.”
- “Federal courts have a responsibility to protect themselves from abuse, and they have ‘ample authority’ to do so by restricting the ability of abusive litigants to file.”
- court awarded $60,788.86 in fees for 179.2 hours upon dismissal of an involuntary petition
- \Recidivism is an aggravating factor in awarding punitive damages.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Ikuta, Kleinfeld, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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