§ 1927

In re Prosser

Ruling: 
Bankruptcy court erred in finding that filing of adversary proceeding, as part of a multitude of bad faith filings, was not cause for sanctions.
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Consumer case opionion summary, case decided on January 26,2015, LexisNexis #0215-103

In re Prosser

Ruling: 
Bankruptcy court erred in finding that filing of adversary proceeding, as part of a multitude of bad faith filings, was not cause for sanctions.
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Consumer case opionion summary, case decided on January 26,2015, LexisNexis #0215-103

Dahiya v. Kramer

Ruling: 
Alleged fraudulent transferee's attorney properly sanctioned for filing meritless counterclaims in bad faith.
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Consumer case opionion summary, case decided on March 27,2014, LexisNexis #0714-070

Kramer v. Mahia (In re Kramer)

Chapter 7 trustee moved for sanctions against a lawyer and his firm in an adversary proceeding brought against defendant, the debtor's son, to recover an allegedly fraudulent transfer arising from the sale of real property that was owned jointly by the debtor, her son, and another party.
Ruling: 
Lawyer for debtor's son sanctioned for filing counterclaims in avoidance proceeding for improper purpose and in bad faith.
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Consumer case opionion summary, case decided on March 11,2013, LexisNexis #0413-032

In re Greater Middle Missionary Baptist Church

Following a ruling confirming that no stay was in effect and discharging lis pendens recorded by a chapter 11 debtor, a creditor filed a motion for sanctions under 28 U.S.C.S. § 1927.
Ruling: 
Attorneys' filing of chapter 11 case without detailed independent investigation was not vexatious and not grounds for sanctions.
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Commercial case opionion summary, case decided on December 13,2011, LexisNexis #0212-102

Nash v. Gentile

Appellant special counsel was appointed special counsel to a trustee. The counsel filed two complaints alleging conversion, fraud, and breach of contract. A bankruptcy judge dismissed the complaints, and denied the counsel's motion to amend with prejudice. The United States Bankruptcy Court for the Northern District of New York issued a decision and order sanctioning the counsel pursuant to 28 U.S.C.S. § 1927. The counsel appealed.
Ruling: 
Special counsel to trustee properly sanctioned for meritless motions to amend dismissed complaints.
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Consumer case opionion summary, case decided on August 06,2008, LexisNexis #0908-034

Stone v. Casiello (In re Casiello)

After the bankruptcy court entered judgment in favor of defendant debtor, the debtor then filed a motion for sanctions pursuant to 11 U.S.C. § 105(a), 28 U.S.C. § 1927, and Fed. R. Bankr. P. 9011. The bankruptcy court ruled that the motion was untimely. The U.S. District Court remanded the matter, holding that there were no time constraints under 28 U.S.C. § 1927.
Ruling: 
Court held that it had jurisdiction to impose sanctions for attorneys'unreasonable prolonging of proceedings.
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