IN RE BRESSMAN

No. 16-3244.

874 F.3d 142 (2017)

IN RE: Andrew E. BRESSMAN, Debtor. James A. Baxter; Andrew Baxter; J.A. Baxter Life Investment Trust; Richard Katz; Robert Thomas; EGI 1985 Retirement Benefit Trust v. Andrew E. Bressman. James A. Baxter, individually and as successor-in-interest to the James A. Baxter Life Investment Trust; Richard Katz; Robert Thomas, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: October 18, 2017.


Attorney(s) appearing for the Case

Max Folkenflik [Argued], Folkenflik & McGerity, 1500 Broad Street, 21st Floor, New York, NY 10036, Counsel for Appellants.

Ryan T. Jareck , Cole Schotz, 1325 Avenue of the Americas, New York, NY 10019, Michael D. Sirota [Argued], Warren A. Usatine , Cole Schotz, 25 Main Street, Court Plaza North, P.O. Box 800, Hackensack, NJ 07601, Counsel for Appellee.

Before: AMBRO, JORDAN and ROTH, Circuit Judges.


OPINION

In this appeal we are asked to decide whether Max Folkenflik, Esq., committed fraud on the court. The Bankruptcy Court determined that Folkenflik had intentionally deceived the court. As a result, the court vacated the default judgment it had previously entered in favor of Folkenflik's

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