UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 13-1234
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In re: MURPENTER LLC, D/B/A UNIGLOBE WINGS TRAVEL
CARMEN ENTERPRISES, INC.,
Appellant
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On Appeal from the United States District Court
for the Eastern District of Pennsylvania
District Court No. 2-12-cv-05060
District Judge: The Honorable J. Curtis Joyner
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
January 6, 2014
Before: SMITH, SHWARTZ, and SCIRICA, Circuit Judges
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JUDGMENT ORDER
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This cause came on to be considered on the record from the United States District
Court for the Eastern District of Pennsylvania and was submitted on January 6, 2014.
Carmen Enterprises, Inc. (“Carmen Enterprises”) appeals from an order of the United
States District Court for the Eastern District of Pennsylvania, affirming an order of the
United States Bankruptcy Court for the Eastern District of Pennsylvania that granted in
part and denied in part Carmen Enterprises’ motion for sanctions against counsel for
Murpenter LLC. Carmen Enterprises argues that the Bankruptcy Court erred in imposing
monetary sanctions based on Murpenter LLC’s bad faith filing of its bankruptcy petition
in an amount less than the amount of sanctions requested by Carmen Enterprises.
Carmen Enterprises also argues that the Bankruptcy Court erred in declining to impose
sanctions against Murpenter LLC’s counsel based on its response to Carmen Enterprises’
motion for sanctions.
The District Court had jurisdiction pursuant to 28 U.S.C. § 158(a). We have
jurisdiction pursuant to 28 U.S.C. § 158(d) and 28 U.S.C. § 1291. We review the
Bankruptcy Court’s legal conclusions de novo, its factual findings for clear error, and the
imposition of sanctions for abuse of discretion. In re Miller, 730 F.3d 198, 203 (3d Cir.
2013). For substantially the same reasons as those given by the District Court, we will
affirm.
On consideration whereof, it is now hereby ADJUDGED and ORDERED that the
judgment of the District Court entered December 21, 2012, be and the same is hereby
AFFIRMED. Costs taxed against Appellant.
By the Court,
s/D. Brooks Smith
Circuit Judge
ATTEST:
s/ Marcia M. Waldron
Clerk
Dated: January 17, 2014