In re Fatsis
Nov
14
2008
Ruling
Debtor sanctioned in amount received in unauthorized transfer of nonexempt stock.
Procedural posture
After the debtor failed to make plan payments in a timely manner, his chapter 13 case was converted to a chapter 7 case. After the chapter 7 trustee learned at the 11 U.S.C.S. § 341 meeting that the debtor had transferred nonexempt stock without notice or authorization, he moved to hold the debtor in contempt for violation of the confirmation order and for sanctions. The debtor objected to the motion. The court held an evidentiary hearing.
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Court
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In re Haque
Oct
28
2008
Ruling
Creditor and law firm sanctioned for filing false affidavits in 45 cases claiming penalty interest on debtors' loans.
Procedural posture
Movant creditor filed a motion for relief from the automatic stay, pursuant to 11 U.S.C.S. § 362, to permit the creditor to continue its pending mortgage foreclosure action in state court against respondent debtor's real property.
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Court
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- 11 U.S.C.
In re Talisman Marina Inc.
Oct
16
2008
Ruling
Denial of sanctions against debtor and debtor's president and counsel affirmed on reconsideration absent factual evidence.
Procedural posture
In this dismissed chapter 11 case filed by respondent debtor corporation (debtor), movant state court litigants (movants) filed a motion for reconsideration or rehearing of an order denying their motion for sanctions against the debtor and respondents, the debtor's president and the debtor's counsel, under Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 105.
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Court
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In re Mitich
Oct
15
2008
Ruling
Debtor barred from filing bankruptcy cases for two years after violating previous prohibitions.
Procedural posture
A debtor filed a chapter 13 petition after two prior dismissal orders in bankruptcy cases prohibited the filing of other petitions under Title 11 of the United States Code.
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Court
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Ameriquest Mortg. Co. v. Nosek (In re Nosek)
Oct
03
2008
Ruling
Damages awarded for mortgage creditor's alleged violations of plan reversed due to absence of underlying violation of Bankruptcy Code.
Procedural posture
A bankruptcy court awarded emotional distress damages and punitive damages, pursuant to 11 U.S.C.S. § 105(a), to appellee chapter 13 debtor in an adversary proceeding based on appellant mortgagee's violations of 11 U.S.C.S. § 1322(b). The Massachusetts District Court affirmed the judgment and confirmation of an amended chapter 13 plan to reflect the awards. Appellant challenged the decisions.
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Court
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Judge or Jurisdiction information not available
In re River Ctr. Holdings LLC
Oct
03
2008
Ruling
Bankruptcy court issued order for enforcement of approved settlement.
Procedural posture
In a contested matter in debtors' jointly administered chapter 11 cases, two lenders moved for entry of an order, pursuant to 11 U.S.C.S. § 105(a) to enforce, inter alia, a "Stipulation and Agreement Regarding Compromise and Settlement" which previously had been approved by the court. Debtors' condemnation counsel sought to assert and enforce their attorney's charging liens against the proceeds of the condemnation award under N.Y. Jud. Law § 475.
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Court
:
- 11 U.S.C.
Walton v. Countrywide Home Loans Inc. (In re Sanchez)
Oct
02
2008
Ruling
United States Trustee could not pursue sanctions against lender on behalf of public in adversary proceeding where debtors had withdrawn their own motion.
Procedural posture
Defendant creditor filed a motion to dismiss plaintiff United States Trustee's (UST) adversary proceeding, seeking monetary sanctions pursuant to 11 U.S.C.S. § 105 and injunctive relief against the lender for allegedly engaging in bad faith conduct which abused the judicial process in connection with the chapter 13 bankruptcy case of two debtors.
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Court
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Ernst & Young LLP v. Reilly (In re Earned Capital Corp.)
Sep
11
2008
Ruling
Bankruptcy court declined to dismiss or abstain from adversary proceeding, by accountant who aided in administration, for injunction against creditors claims that were res judicata after confirmation.
Procedural posture
Plaintiff accountant filed a Fed. R. Civ. P. 56(c) motion for summary judgment on its adversary complaint for a permanent injunction barring defendant creditors from the continued prosecution of a state court action for negligence, conspiracy, and fraudulent misrepresentation or nondisclosure of the debtors' liabilities and value. The creditors filed a motion to dismiss or, in the alternative, for abstention and withdrew their motion for recusal.
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Court
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In re DeSantis
Sep
10
2008
Ruling
Debtor's attorneys sanctioned for unprofessional conduct in negotiations for reaffirmation of cross-collateralized debt.
Procedural posture
In this consumer chapter 7 bankruptcy case, a creditor asked that the pleadings filed by the debtors' counsel be stricken, and that it be awarded sanctions against the debtors' counsel and his law firm (counsel) for unprofessional conduct in connection with negotiations relating to the debtors' reaffirmation of a cross-collateralized debt obligation they owed to the creditor.
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Court
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Mazon v. Tardif (In re Mazon)
Sep
09
2008
Ruling
Bankruptcy court erred in imposing surcharge on exempt assets.
Procedural posture
Appellant debtors sought review of an order of the Bankruptcy Court for the Middle District of Florida granting in part and denying in part a motion of appellee trustee to surcharge exemptions or exempt property pursuant to equitable authority under 11 U.S.C.S. § 105. The order allowed the trustee to administer and liquidate otherwise exempt assets of the bankruptcy estate.
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Court
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