- FRBP
In re Tant
Oct
27
2015
Ruling
Trustee's special counsel sanctioned for improper prosecution of objection to the proof of claim.
Issue(s)
Should trustee's special counsel be sanctioned for filing duplicative motions for identical relief in multiple forums?
ABI Membership is required to access the full summary of In re Tant Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Modi v. Verani (In re Verani)
Oct
15
2015
Ruling
Attorney not sanctioned for assisting pro se debtor with petition.
Issue(s)
Should attorney be sanctioned for assisting pro se debtor with filing petition but doing nothing to advance the petition after filing an appearance?
ABI Membership is required to access the full summary of Modi v. Verani (In re Verani) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Jenkins v. Midland Credit Mgmt. (In re Jenkins)
Sep
17
2015
Ruling
Filing a stale proof of claim was not grounds for sanctions.
Issue(s)
Was filing of a time-barred proof of claim grounds for sanctions?
ABI Membership is required to access the full summary of Jenkins v. Midland Credit Mgmt. (In re Jenkins) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Paciocco
Sep
03
2015
Ruling
Suspended attorney sanctioned for unauthorized practice of law by continuing to assist clients with preparation of schedules and bankruptcy advice.
Issue(s)
Should attorney be sanctioned for provided bankruptcy assistance while suspended from practice?
ABI Membership is required to access the full summary of In re Paciocco Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Dobbs
Aug
20
2015
Ruling
Debtor's attorney disbarred for forging debtor's name on chapter 13 petition and credit counseling certificate.
Issue(s)
Should debtor's counsel be sanctioned for putting the debtor in bankruptcy without the debtor's authorization or knowledge, forging the debtor's signature, having the debtor's estranged wife take a credit counseling course in place of the debtor, and then filing fabricated documents with the court?
ABI Membership is required to access the full summary of In re Dobbs Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Meltzer
Jul
29
2015
Ruling
Sanctions assessed against petitioning creditor who filed a frivolous involuntary petition to stall eviction proceeding for seeking to dismiss sanctions proceeding.
Issue(s)
Should petitioner who filed involuntary petition in bad faith against landlord to stall eviction proceeding be sanctioned for filing a motion to dismiss the subsequent sanctions proceeding?
ABI Membership is required to access the full summary of In re Meltzer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Fraterfood Serv. v. DDR Del Sol LLC S.E. (In re Fraterfood Serv.)
Jul
16
2015
Ruling
Adversary proceeding dismissed and debtor's attorney sanctioned for commencing proceeding intended to delay payment of rent owed by debtor.
Issue(s)
Should adversary proceeding be dismissed and debtor's attorney sanctioned for filing a proceeding not supported by existing law and was allegedly filed for the improper purpose of forestalling creditor's collection of its postpetition, prerejection rent claim?
ABI Membership is required to access the full summary of Fraterfood Serv. v. DDR Del Sol LLC S.E. (In re Fraterfood Serv.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Nakhuda
Apr
27
2015
Ruling
Debtor's attorney sanctioned for making unsupported arguments and failing to get original signatures on court filings.
Issue(s)
Should debtor's attorney be sanctioned for conduct in case?
ABI Membership is required to access the full summary of In re Nakhuda Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re MJS Las Croabas Props.
Mar
13
2015
Ruling
Attorney and law firm that represented creditor home owners' association sanctioned for failure to respond to inquiries from trustee and FDIC attorneys regarding motion for relief from stay.
Issue(s)
Should attorney and law firm that represented creditor home owners' association be sanctioned for failing to respond to inquiries from trustee and FDIC regarding motion for relief from stay to pursue a cause of action against the debtor for construction defects?
ABI Membership is required to access the full summary of In re MJS Las Croabas Props. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
In re Schmelcher
Feb
13
2015
Ruling
Debtor's attorney sanctioned for filing frivolous motion against county regarding use of bankruptcy disclaimer on notices.
Issue(s)
Should debtor's attorney be sanctioned for filing motion for violation of the discharge injunction against creditor county for issuing notice of tax sale without including a disclaimer specifying that the proceeding was in rem only and not against the debtor personally?
ABI Membership is required to access the full summary of In re Schmelcher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: