Rule 9011

Virginia Hospital Center-Arlington Health Sys. v. Akl (In re Akl)

Defendant debtor filed a motion for sanctions under Fed. R. Bankr. P. 9011 against plaintiff hospital's counsel (hereafter "counsel") for filing his October 24, 2008, Motion to Strike, Dismiss, and Otherwise Deny Defendant's Motion for Sanctions Under 28 U.S.C.S. § 1927, and in the alternative for exercise of the court's inherent power to sanction the hospital and its counsel.
Ruling: 
Sanctions against creditor hospital's counsel denied absent malicious intent in filing motion to strike.
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Consumer case opionion summary, case decided on June 15,2011, LexisNexis #0711-139

Hermosilla v. Hermosilla (In re Hermosilla)

Plaintiff former spouse of defendant bankruptcy debtor obtained a judgment of nondischargeability of a debt for willful and malicious injury based on domestic assault. Upon remand from the U.S. District Court for the District of Massachusetts, the bankruptcy court considered attorney fees as a sanction for the debtor's frivolous appeal and sanctions under Fed. R. Bankr. P. 9011 for the debtor's baseless arguments in the bankruptcy court.
Ruling: 
Debtor sanctioned for frivolous appeal of finding that debt based on domestic assault was nondischargeable.
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Consumer case opionion summary, case decided on June 01,2011, LexisNexis #0711-070

In re Menton

The court entered an order to show cause directed to the attorney for Chapter 13 debtors as to why he should not be sanctioned and referred to the Chief Judge of the District for discipline, including consideration of being barred from practice in the Northern District of New York.
Ruling: 
Debtor's attorney sanctioned due to twice failing to submit timely plan, fee irregularities and filing of dismissal notice without notifying clients.
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Consumer case opionion summary, case decided on May 24,2011, LexisNexis #0611-139

In re New River Dry Dock Inc.

An unsecured creditor under the chapter 11 debtor's confirmed plan of reorganization sought sanctions against counsel for a claimant pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Motion for sanctions against debtor's counsel filed on the last day of 21-day safe harbor period denied as premature.
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Commercial case opionion summary, case decided on March 31,2011, LexisNexis #0711-031

In re Dental Profile Inc.

After the bankruptcy petitions of corporate debtors were dismissed, a creditor moved for sanctions pursuant to Fed. R. Bankr. P. 9011 against the debtors, the sole principal of the debtors, and the debtors' counsel asserting that the bankruptcy petitions were filed for the improper purpose of frustrating, hindering, and delaying the creditor's collection of a judgment against the debtors.
Ruling: 
Debtor and principal sanctioned for filing case to frustrate lender and delaying collection of judgment.
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Commercial case opionion summary, case decided on March 31,2011, LexisNexis #0711-030

In re Nguyen

Appellant attorney appealed an order entered by the United States Bankruptcy Court for the Northern District of California which, inter alia, suspended him from practicing bankruptcy law in the Northern District of California unless he completed 10 hours of continuing legal education in bankruptcy law, and enjoined him from filing "any bankruptcy schedules in any court" unless an attorney spent at least one hour counseling the client.
Ruling: 
Order suspending attorney from bankruptcy practice unless CLE was completed and minimum of one hour of counseling spent with each client affirmed.
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Consumer case opionion summary, case decided on February 07,2011, LexisNexis #0411-067

In re Daw

The court issued an Order to Show Cause and Notice of Show Cause Hearing, pursuant to 11 U.S.C.S. § 105 and its inherent powers, to an attorney who represented debtors in 20 cases, which directed the attorney to deliver signature pages to the clerk of court, as required by Bankr. D. Idaho Gen. Ord. 187 and the Electronic Case Filing ("ECF") Procedures then in effect.
Ruling: 
Attorney violated Bankruptcy Rules by filing documents that had not been reviewed and signed by his clients
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Consumer case opionion summary, case decided on January 24,2011, LexisNexis #0211-138

In re Schaefer Salt Recovery Inc.

This matter was before the court on remand (the U.S. Court of Appeals for the Third Circuit had earlier remanded the matter) for a determination as to whether debtor's attorney and/or debtor should be sanctioned under 28 U.S.C.S. § 1927, Fed. R. Bankr. P. 9011, or 11 U.S.C.S. § 105. The person seeking sanctions was an individual who had brought certain tax foreclosure proceedings.
Ruling: 
Debtor and attorney sanctioned for filing chapter 7 case with improper purpose of delaying foreclosure action.
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Commercial case opionion summary, case decided on January 21,2011, LexisNexis #0611-103

In re Baytarian

Following the submission of a motion for sanctions by the chapter 7 debtors and an opposition by the creditors' attorney, the court issued its own order to show cause why the attorney should not be sanctioned under Fed. R. Bankr. P. 9011(c)(1)(B) for presenting a pleading for an improper purpose and for filing a substantive pleading that was not authorized by his clients.
Ruling: 
Filing motion for relief from stay without authorization of clients was not grounds for sanctions against creditors' attorney.
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Consumer case opionion summary, case decided on January 11,2011, LexisNexis #0211-103

McDermott v. FIA Card Servs. (In re McDermott)

Defendants, a creditor, its counsel, and counsel's law firm, moved to dismiss plaintiff debtor's adversary proceeding, which sought damages, costs, and attorneys' fees for harm the debtor alleged he suffered as a result of defendants' commencement of a nondischargeability action without any intention to prosecute that action. Defendants also moved for an award of sanctions and costs in an unspecified amount pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Creditor's filing of nondischargeability proceeding without intention of going to trial was not actionable.
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Consumer case opionion summary, case decided on November 08,2010, LexisNexis #1210-066

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