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United States Ninth Circuit


IN RE DEVILLE, 02-16459

Bankruptcy court exercised its inherent power in imposing compensatory sanctions against one civil defendant, and its counsel, for making a series of bankruptcy filings and concurrent removal petitions in order to block the progress of a state court civil action. As Federal Rule of Bankruptcy Procedure 9011(c)(2) requires that penalty sanctions be paid "into court," penalties were properly set aside by the Bankruptcy Appellate Panel.

Appellate Information

  • Argued 10/09/2003
  • Decided 03/15/2004
  • Published 03/15/2004

Judges

  • Before B. FLETCHER and TASHIMA, Circuit Judges, and POLLAK, District Judge.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Arlo Hale Smith, San Francisco, CA, for the appellants.

  • For Appellees:
  • Martha Louise Caron, Thomas Eastridge, Caron & Eastridge LLP, Alameda, CA, for the appellee.
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