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§ 1927

Blixseth v. Yellowstone Mt. Club LLC

Ruling
Debtor's founder and attorney sanctioned for bringing frivolous proceeding against bankruptcy judge.
Issue(s)
Should debtor's founder and attorney be sanctioned for appealing dismissal of frivolous misconduct proceeding against bankruptcy judge?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 04, 2015 , LexisNexis #0815-137

In re Prosser

Ruling
Bankruptcy court erred in finding that filing of adversary proceeding, as part of a multitude of bad faith filings, was not cause for sanctions.
Issue(s)
Did the district court err in vacating sanctions imposed by the bankruptcy court because of the numerous and inflammatory submissions debtor's counsel filed in debtor's bankruptcy and associated adversary proceeding, which vexatiously and unnecessarily multiplied the bankruptcy proceedings?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 26, 2015 , LexisNexis #0215-103

In re Prosser

Ruling
Bankruptcy court erred in finding that filing of adversary proceeding, as part of a multitude of bad faith filings, was not cause for sanctions.
Issue(s)
Did the district court err in vacating sanctions imposed by the bankruptcy court because of the numerous and inflammatory submissions debtor's counsel filed in debtor's bankruptcy and associated adversary proceeding, which vexatiously and unnecessarily multiplied the bankruptcy proceedings?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 26, 2015 , LexisNexis #0215-103

Dahiya v. Kramer

Ruling
Alleged fraudulent transferee's attorney properly sanctioned for filing meritless counterclaims in bad faith.
Issue(s)
Was alleged fraudulent transferee's attorney properly sanctioned for filing counterclaims that were baseless, made in bad faith, protracted an adversary proceeding, and caused the trustee to incur additional legal fees and increased malpractice and liability insurance premiums?

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Consumer opinion summary, case decided on March 27, 2014 , LexisNexis #0714-070

Kramer v. Mahia (In re Kramer)

Ruling
Lawyer for debtor's son sanctioned for filing counterclaims in avoidance proceeding for improper purpose and in bad faith.
Procedural posture

Chapter 7 trustee moved for sanctions against a lawyer and his firm in an adversary proceeding brought against defendant, the debtor's son, to recover an allegedly fraudulent transfer arising from the sale of real property that was owned jointly by the debtor, her son, and another party.

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Consumer opinion summary, case decided on March 11, 2013 , LexisNexis #0413-032

In re Greater Middle Missionary Baptist Church

Ruling
Attorneys' filing of chapter 11 case without detailed independent investigation was not vexatious and not grounds for sanctions.
Procedural posture

Following a ruling confirming that no stay was in effect and discharging lis pendens recorded by a chapter 11 debtor, a creditor filed a motion for sanctions under 28 U.S.C.S. § 1927.

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Commercial opinion summary, case decided on December 13, 2011 , LexisNexis #0212-102

Nash v. Gentile

Ruling
Special counsel to trustee properly sanctioned for meritless motions to amend dismissed complaints.
Procedural posture

Appellant special counsel was appointed special counsel to a trustee. The counsel filed two complaints alleging conversion, fraud, and breach of contract. A bankruptcy judge dismissed the complaints, and denied the counsel's motion to amend with prejudice. The United States Bankruptcy Court for the Northern District of New York issued a decision and order sanctioning the counsel pursuant to 28 U.S.C.S. § 1927. The counsel appealed.

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Consumer opinion summary, case decided on August 06, 2008 , LexisNexis #0908-034

Stone v. Casiello (In re Casiello)

Ruling
Court held that it had jurisdiction to impose sanctions for attorneys'unreasonable prolonging of proceedings.
Procedural posture

After the bankruptcy court entered judgment in favor of defendant debtor, the debtor then filed a motion for sanctions pursuant to 11 U.S.C. § 105(a), 28 U.S.C. § 1927, Fed. R. Bankr. P. 9011. The bankruptcy court ruled that the motion was untimely. The U.S. District Court remanded the matter, holding that there were no time constraints under 28 U.S.C. § 1927.

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opinion summary, case decided on November 07, 2005 , LexisNexis #0106-035