No. 21-1322

Jan M. Sensenich v. PHH Mortgage Corporation

Lower Court: Second Circuit
Docketed: 2022-04-04
Status: Denied
Type: Paid
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
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-06-09
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

Question Presented (OCR Extract)

QUESTIONS PRESENTED The heart of judicial authority is a court’s ability to enforce obedience to the court’s lawful rules. Here, the bankruptcy court imposed a $75,000 fine against a mortgage creditor for 75 violations of the same bankruptcy rule across three independent cases. The creditor perpetrated these violations despite having promised the court to mend its ways after a previous $9,000 court fine for similar rule violations. The Second Circuit reversed, holding that the bankruptcy rule at issue did not allow punitive fines. Then, contrary to seven circuits, the panel held that it could not affirm the $75,000 fine on the alternate ground of inherent power because the bankruptcy court did not analyze this ground. The panel also held that this ground required a finding of bad faith. In dissent, Judge Bianco observed the panel decision would endanger the ability of bankruptcy courts to enforce their rules against serial violators. The questions presented are: 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.”

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. KuneyDavid Kuney Law, Amicus
David R. KuneyDavid Kuney Law, Amicus
Jan M. Sensenich, Chapter 13 Trustee
Mahesha Padmanabhan SubbaramanSubbaraman PLLC, Petitioner
Mahesha Padmanabhan SubbaramanSubbaraman PLLC, Petitioner
National Association of Chapter 13 Trustees
Henry Edward Hildebrand III — Amicus
Henry Edward Hildebrand III — Amicus
PHH Mortgage Corporation
Matthew J. DeludePrimmer Piper Eggleston & Cramer PC, Respondent
Matthew J. DeludePrimmer Piper Eggleston & Cramer PC, Respondent