Rule 9011

Young v. Young (In re Young)

Ruling: 
Debtor's counsel suspended, reprimanded, fined and ordered to attend CLE due to filing plan for improper purpose and false allegations in adversary proceeding against debtor's former spouse.
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Consumer case opionion summary, case decided on September 11,2013, LexisNexis #1013-033

In re Ruehmann

Ruling: 
Attorney sanctioned for numerous bad faith filings and failure to file fee disclosures.
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Consumer case opionion summary, case decided on September 05,2013, LexisNexis #1013-069

In re Johnson

Bankruptcy debtors' case was closed without a discharge based on the debtors' failure to file certificates of completion of a financial management course, and the debtors filed the certificates shortly after the case was closed. Approximately four years later, the debtors moved to reopen their bankruptcy case.
Ruling: 
Debtors could not reopen case four years after dismissal for failure to file certificates of completion of financial management course.
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Consumer case opionion summary, case decided on July 16,2013, LexisNexis #0813-003

In re Holmes

Ruling: 
Debtor's attorney sanctioned for reliance on assurances of non-lawyer employee to detriment of debtor.
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Consumer case opionion summary, case decided on July 11,2013, LexisNexis #0913-140

Robinson v. Lawrence (In re Lawrence)

Ruling: 
Creditor's attorney sanctioned for filing adversary proceeding seeking revocation of discharge after passing of deadline for objection to discharge.
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Consumer case opionion summary, case decided on March 21,2013, LexisNexis #0813-137

Wallace v. Hayes (In Wallace)

Chapter 11 debtor filed an adversary proceeding against defendants, and in prior rulings the court denied the debtor's request for an injunction, granted defendants' motion to dismiss the debtor's adversary proceeding, and granted defendants' motion for imposition of sanctions under Fed. R. Bankr. P. 9011. The debtor filed two pro se motions which asked the court to reconsider its rulings.
Ruling: 
Sanctions imposed after dismissal of debtor's adversary proceeding was affirmed.
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Consumer case opionion summary, case decided on February 27,2013, LexisNexis #0313-103

In re Smith

Two debtors filed separate petitions under chapter 13 of the Bankruptcy Code that were prepared by the same attorney, and the United States Trustee ("UST") and a chapter 13 trustee who was appointed to administer the debtors' bankruptcy plans asked the court to examine fees the debtors paid to the attorney and to impose sanctions on the attorney. The court held a hearing on the motions.
Ruling: 
Attorney disciplined for "ghostwriting" debtors' petitions.
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Consumer case opionion summary, case decided on January 30,2013, LexisNexis #0213-105

In re Noyola

A chapter 13 debtor filed a case with the assistance of counsel in violation of an order dismissing his prior case with prejudice to refiling for 180 days. The court issued an order to show cause why the case should not be dismissed with prejudice to refiling for two years and why counsel should not be sanctioned for failing to comply with the prior court order pursuant to Fed. R. Bankr. P. 9011(b).
Ruling: 
Case dismissed as filed in violation of prior prejudicial dismissal order but without sanction against counsel.
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Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-070

In re Gordon

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's case. The trustee asked the court to impose sanctions on a bank and its counsel, pursuant to 11 U.S.C.S. § 105, claiming that the bank and its counsel impugned his character in a motion they filed with the court and in letters they wrote.
Ruling: 
Rule 9011 did not apply to allegedly defamatory statement against trustee in letter from bank and counsel to U.S. Attorney's Office.
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Consumer case opionion summary, case decided on January 04,2013, LexisNexis #0513-101

In re Kwik-Way Prods.

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the court approved the debtor's bankruptcy plan and closed the case. The debtor filed a motion to reopen its case and asked the court to issue an order which required a bank to show cause why it should not be sanctioned for violating the terms of the debtor's chapter 11 bankruptcy plan. The bank filed a motion for sanctions.
Ruling: 
Debtor awarded expenses and bank ordered to show cause why it should not be sanctioned for violating terms of chapter 11 plan.
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Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-137

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