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Dye v. Sachs (In re Flashcom Inc.)

Dye v. Sachs (In re Flashcom Inc.)

Ruling
Trustee sanctioned for filing vexatious motion in limine seeking to reargue failed preference proceeding.
Procedural posture

Moving defendants, who were alleged to have benefitted from certain preferential transfers, sought the imposition of sanctions against plaintiff, the chapter 11 liquidating trustee, and her prior counsel, pursuant to Fed. R. Bankr. P. 9011. The trustee had filed a vexatious motion in limine seeking to deprive the moving defendants of the right to raise a defense to the trustee's preference complaint.

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Commercial opinion summary, case decided on October 11, 2012 , LexisNexis #1112-068