Choose Pappas explained the debtor's lawyer also built "an unneeded grievance towards the Assistant U.S. Trustee, even speculating" the trustee "can have done something inappropriate with" estate cash.
The debtor was a wellness treatment worker whose work required her to choose up her employer's clientele and acquire them to gatherings and healthcare appointments. She was obligated to have a motor vehicle and was reimbursed by her employer for the quantity of miles driven.
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The bankruptcy court docket has the two the jurisdiction and statutory electrical power to impose an anti-fit injunction safeguarding a non-settling defendant from claims by third-celebration nondebtors, although the injunction was not Element of the events' settlement, based on the Eleventh Circuit.
It's not necessarily apparent from the feeling whether the very same contempt common relates to violation of the automatic continue to be. If it does, the automatic keep may have missing its enamel during the Ninth Circuit.
Examining the bankruptcy court's rulings de novo, he granted summary judgment for the law corporations. The trustee appealed.
By ruling much more narrowly, the appeals court docket might have averted pronouncing a rule that provides creditors license to disregard discharge injunctions by making pretextual arguments.
Ninth Circuit view is key for Supreme Court docket critique regarding the extent of the bankruptcy court docket's contempt powers.
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She brought suit from the lender underneath California's Unfair Level of competition Regulation, on the ground the lender's actions had been unconscionable.
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The appeals court reasoned that the he said quantity of the citation wasn't "cabined" from the withheld resources, since the contempt power less than Part 105(a) permits entry of "any purchase" to "carry out the provisions of this title."