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· 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 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.