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Rule 9011(b)

In re Hill

Oct
23
2007
Ruling
Attorney who represented debtors in original chapter 13 case sanctioned for misrepresentations in chapter 7 case filed on behalf of same debtors.
Procedural posture

The bankruptcy court issued an order to show cause compelling the debtors'attorney to show cause why he should not be personally sanctioned pursuant to Fed. R. Bankr. P. 9011(b), 28 U.S.C. § 1927, the court's inherent powers under 11 U.S.C. § 105, for filing false and misleading pleadings and schedules on behalf of the debtors.

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Consumer opinion summary, case decided on October 23, 2007 , LexisNexis #1107-140
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Sramek v. Jacobsen (In re REJ Props.)

Oct
05
2007
Ruling
Attorney's reliance on another attorney's opinion did not allow avoidance of responsibility for frivolous filing.
Procedural posture

Plaintiff creditors filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011 against counsel for defendant debtor. The creditors alleged that counsel filed the debtor's chapter 11 petition frivolously and for an improper purpose.

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Commercial opinion summary, case decided on October 05, 2007 , LexisNexis #1107-023
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In re Robinson

Aug
29
2007
Ruling
Debtors'attorneys sanctioned for seeking relief from stay to pursue action clearly barred by res judicata and within bankruptcy court jurisdiction.
Procedural posture

Movants filed two motions, seeking sanctions pursuant to Fed. R. Bankr. P. 9011 against the attorneys for chapter 7 debtors.

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opinion summary, case decided on August 29, 2007 , LexisNexis #1007-035
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In re Opra

Mar
28
2007
Ruling
Counsel sanctioned for failing to disclose debtor's tort claim until debtor sought to amend exemptions to protect settlement.
Procedural posture

After it was disclosed that debtor and her original counsel had failed to disclose the existence of a tort claim against a driver who caused a collision in which she was injured and after debtor sought to amend her exemptions to protect some part of the settlement later paid thereon, the trustee objected to debtor's amended exemptions and the court ordered counsel to show cause why he should not be sanctioned under Fed. R. Bankr. P. 9011(b).

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opinion summary, case decided on March 28, 2007 , LexisNexis #0507-035
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Buckeye Ret. Co. LLC v. Hake (In re Hake)

Sep
14
2006
Ruling
Creditor properly sanctioned for attempting to file adversary proceeding on behalf of the estate for purposes of harassment.
Procedural posture

Appellant creditor sought review of a final order of the Bankruptcy Court for the Northern District of Ohio, which sanctioned it for violating Fed. R. Bankr. P. 9011(b)(1) and (2) when it filed, in appellee debtors'chapter 11 case, a motion for leave to file an adversary proceeding on behalf of the bankruptcy estate to recover monies contributed by one debtor to his 401(k) retirement account.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on September 14, 2006 , LexisNexis #1006-070
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In re Opra

Aug
25
2006
Ruling
Debtor's former attorneys ordered to appear and show cause as to failure to disclose lawsuit proceeds on schedules.
Procedural posture

After debtor filed a voluntary chapter 7 bankruptcy petition, her new attorney filed amended schedules disclosing lawsuit proceeds valued at $100,000 and claiming an exemption in the newly-scheduled asset pursuant to 11 U.S.C. § 522(d)(5), (d)(11)(D) and (d)(11)(E). The trustee timely objected to the debtor's amended exemptions. The bankruptcy court held a hearing on the objection.

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opinion summary, case decided on August 25, 2006 , LexisNexis #0906-139
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