- FRBP
In re Allen
Jan
09
2007
Ruling
Law firm to be sanctioned for failing to perform adequate inquiry regarding validity of claims filed on behalf of creditor.
Procedural posture
The court had before it the issue of whether the law firm that represented a creditor of chapter 13 debtor should be sanctioned pursuant to Fed. R. Bankr. P. 9011.
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:
- FRBP
In re Lira
Dec
15
2006
Ruling
Attorney ordered to disgorge all fees and pay auditor's fee due to defrauding and overcharging of clients.
Procedural posture
The chapter 13 trustee filed a motion under Fed. R. Bankr. P. 2016 and 11 U.S.C. 329 for a further examination of an attorney's transactions with debtors in several chapter 13 cases, for imposition of sanctions, and for disgorgement of fees.
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Court
:
- FRBP
In re Tagt LP
Oct
11
2006
Ruling
Manager of two debtors sanctioned for filing petitions in bad faith with intent to injure debtors'owners.
Procedural posture
A recalcitrant manager of debtors, a limited partnership and a limited liability company that was the general partner of the former, filed bankruptcy petitions on behalf of the debtors. Movants, the principal owners of the debtors, sought sanctions against the recalcitrant manager and his attorneys. The central issue was whether the bankruptcy petitions were filed in bad faith and sanctions were warranted under Fed. R. Bankr. P. 9011.
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:
- FRBP
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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- FRBP
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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:
- FRBP
In re Berghoff
Jun
20
2006
Ruling
Court ordered mortgagee to pay debtor's fees since mortgagee violated Rule 9011 by unintentionally filing proof of claim that included attorneys'fees.
Procedural posture
In debtor's bankruptcy proceeding, creditor mortgagee filed a proof of claim that impermissibly included attorney fees as a component of the claim amount. The court issued an order on the mortgagee to show cause why it did not violate Fed. R. Bankr. P. 9011.
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:
- FRBP
In re West
Mar
06
2006
Ruling
Counsel was sanctioned for refusing to file pleadings electronically and for making misrepresentations to the court regarding the counsel's ability to file electronically.
Procedural posture
A bankruptcy court issued an order to show cause why counsel for bankruptcy debtors failed to comply with the court's requirement that pleadings be filed electronically rather than on paper. Upon counsel's continued failures to comply with the requirement and counsel's apparently inconsistent statements, the court considered whether to sanction counsel pursuant to Fed. R. Bankr. P. 9011.
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Court
:
- FRBP
In re Porcheddu
Feb
03
2006
Ruling
Court imposed sanctions on a firm and an attorney for fraudulent fee shifting.
Procedural posture
The court issued a show cause order against an attorney and her law firm after discovering that the firm was adjusting time entries after-the-fact and then holding the fee statements out to be the firm's business records. The attorney and the firm represented creditors in consumer bankruptcy cases in the court.
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- FRBP
Briggs v. Labarge (In re Phillips)
Jan
09
2006
Ruling
Attorney violated Bankruptcy Rules by filing bankruptcy petition for the debtor without meeting with the debtor to confirm that the debtor authorized second filing.
Procedural posture
Appellee trustee moved for sanctions against appellant attorney, alleging that the attorney violated Fed. R. Bankr. P. 9011 by filing a bankruptcy petition for the debtor without meeting with the debtor or obtaining the debtor's signature. The bankruptcy court agreed and imposed sanctions. The bankruptcy appellate panel affirmed the bankruptcy court's order. The attorney appealed.
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- FRBP
Berman v. Bill Fields Trucking (In re HNRC Dissolution Co.)
Sep
30
2005
Ruling
Sanctions were not imposed against trustee who filed preference actions after statute of limitations period but withdrew them before sanctions motion was filed.
Procedural posture
Plaintiff liquidating trustee filed preference actions against defendant, one of 38 similarly situated defendants. The trustee filed the preference actions after the statute of limitations had expired. The trustee subsequently moved for voluntary dismissal of the actions, which motion was granted. Defendant moved for sanctions pursuant to Fed. R. Bankr. P. 9011.
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Court
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