Valdez

Valdez v. Kismet Acquisition, LLC

Good Law
2012 WL 2594249·474 B.R. 907·2012 U.S. Dist. LEXIS 93286
United States District Court, Southern District of CaliforniaJuly 5, 2012Nos. 09cv00589 BTM (BLM), 09cv00590California7,471 words

Opinion

Lead Opinion

Moskowitz, J.

ORDER AFFIRMING IN PART, VACATING IN PART JUDGMENT OF THE BANKRUPTCY COURT, AND REMANDING FOR FURTHER PROCEEDINGS

Geraldine A. Valdez and Enrique Hernandez-Pulido appeal under 28 U.S.C. § 158 (a)(1) from a March 10, 2009 memorandum decision and order of the United *910 States Bankruptcy Court for the Southern District of California assessing sanctions against Ms. Valdez and Mr. Hernandez under the authority of 11 U.S.C. § 105 (a). The Court AFFIRMS in part, VACATES in part, and REMANDS for further proceedings.

I. BACKGROUND

A. Introduction

The Court recently decided the related appeals from the bankruptcy court’s imposition of sanctions for civil contempt against Alejandro Diaz-Barba and Martha Margarita Barba de la Torre (the “Diaz defendants” or the “Diazes”). See Order re Consolidated Bankruptcy Appeals (Nos. 2 through 6), Doc. 95 in Case No. 08cv02326, dated June 15, 2012 (“Order re Consolidated Bankruptcy Appeals”). The Court assumes familiarity with this Order, and incorporates by reference the facts set forth therein.

Appellants were sanctioned pursuant to the bankruptcy court’s inherent authority to sanction an attorney who vexatiously multiplies the proceedings…

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