IN RE WOLF & VINE, INC.

Bankruptcy No. LA 81-17218-SB, Adv. No. LA 89-1093-SB.

118 B.R. 761 (1990)

In re WOLF & VINE, INC., Debtor. Morris A. WOLF, et al., Plaintiffs, v. Arnold KUPETZ, et al., Defendants.

United States Bankruptcy Court, C.D. California.

August 17, 1990.


Attorney(s) appearing for the Case

Richard M. Pachulski of Pachulski, Stang & Ziehl, P.C., for Morris A. Wolf and Raviel R. Wolf.

Marc A. Levinson of Sidley & Austin, for Continental Bank, N.A.

Max Rush of Sulmeyer, Kupetz, Baumann & Rothman, for Arnold L. Kupetz, Trustee.

Thomas Normington, for Levy & Normington.


OPINION ON MOTION FOR SANCTIONS

SAMUEL L. BUFFORD, Bankruptcy Judge.

I. INTRODUCTION

This motion raises the issue of whether, after a plaintiff has lost an action based on an issue of first impression in the federal judicial circuit, and on which the law was unsettled when the action was filed, sanctions should be imposed upon counsel for the prevailing defendant for bringing a malicious prosecution action against the losing plaintiff.

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