No. 21-1322
Jan M. Sensenich v. PHH Mortgage Corporation
Amici (4)
Experienced Counsel
Tags: appellate-review bad-faith bankruptcy-court-enforcement bankruptcy-rule-3002.1 bankruptcy-sanctions inherent-authority inherent-judicial-power judicial-power punitive-fines rule-enforcement
Latest Conference:
2022-06-09
Question Presented (from Petition)
1. Whether appellate courts may affirm a bankruptcy sanctions order on an alternate correct ground even if the order does not analyze the ground.
2. Whether sanctions based on inherent judicial power always require a finding of bad faith.
3. Whether Bankruptcy Rule 3002.1 authorizes punitive fines as a form of "appropriate relief."
Question Presented (AI Summary)
Whether appellate courts may affirm a bankruptcy sanctions order on an alternate correct ground even if the order does not analyze the ground
Docket Entries
2022-06-13
Motion for leave to file amici brief filed by Hon. Melanie Cyganowski, et al. GRANTED.
2022-06-13
Motion for leave to file amicus brief filed by National Association of Chapter 13 Trustees GRANTED.
2022-06-13
Petition DENIED.
2022-05-25
Reply of petitioner Jan M. Sensenich, Chapter 13 Trustee filed. (Distributed)
2022-05-24
DISTRIBUTED for Conference of 6/9/2022.
2022-05-04
Brief of respondent PHH Mortgage Corporation in opposition filed.
2022-05-03
Motion for leave to file amicus brief filed by National Association of Chapter 13 Trustees.
2022-04-05
Motion for leave to file amici brief filed by Hon. Melanie Cyganowski, et al.
2022-03-31
Petition for a writ of certiorari filed. (Response due May 4, 2022)
2022-03-10
Application (21A349) granted by Justice Sotomayor extending the time to file until March 31, 2022.
2022-03-05
Application (21A349) to extend further the time from March 17, 2022 to March 31, 2022, submitted to Justice Sotomayor.
2022-01-22
Application (21A349) granted by Justice Sotomayor extending the time to file until March 17, 2022.
2022-01-19
Application (21A349) to extend the time to file a petition for a writ of certiorari from January 30, 2022 to March 17, 2022, submitted to Justice Sotomayor.
Attorneys
Hon. Melanie Cyganowski (Ret.), Hon. Judith Fitzgerald (Ret.), Hon. Bruce Markell (Ret.), Hon. Eugene Wedoff (Ret.) and Law Professors George Kuney, Nancy Rapoport and Jack Williams
David R. Kuney — David Kuney Law, Amicus
Jan M. Sensenich, Chapter 13 Trustee
Mahesha Padmanabhan Subbaraman — Subbaraman PLLC, Petitioner
National Association of Chapter 13 Trustees
Henry Edward Hildebrand III — Amicus
PHH Mortgage Corporation
Matthew J. Delude — Primmer Piper Eggleston & Cramer PC, Respondent