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Rule 9011

In re Wojciga

Ruling
Creditor sanctioned for filing false affidavit of default.
Issue(s)
Should creditor be sanctioned for filing a false affidavit that debtor had missed settlement payments in order to obtain relief from stay?

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Consumer opinion summary, case decided on February 11, 2015 , LexisNexis #0315-068

Williams v. Living Hope Southeast LLC (In re Living Hope Southwest Med. Servs. LLC)

Ruling
Order denying reconsideration of sanctions issued against creditor for filing "corrected" pleading that retained substance of original offensive pleading.
Issue(s)
Did the bankruptcy court err in denying motion by debtor's owner and controlling shareholder for reconsideration of sanctions against him for filing "corrected" pleading that repeated the false and malicious allegations of the original pleading?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 29, 2015 , LexisNexis #0215-140

In re Sekema

Ruling
Creditors who filed proofs of claim that were barred by state statute of limitations sanctioned.
Issue(s)
Should creditors be sanctioned for filing proofs of claim on debts they purchased that had been deemed unenforceable under state statutes of limitations?

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Consumer opinion summary, case decided on January 07, 2015 , LexisNexis #0215-105

In re Sekema

Ruling
Creditors who filed proofs of claim that were barred by state statute of limitations sanctioned.
Issue(s)
Should creditors be sanctioned for filing proofs of claim on debts they purchased that had been deemed unenforceable under state statutes of limitations?

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Consumer opinion summary, case decided on January 07, 2015 , LexisNexis #0215-105

Brooks v. Rosebar (In re Rosebar)

Ruling
Debtor and attorney sanctioned for filing frivolous motion for sanctions based on request in opposition to the motion.
Issue(s)
Should debtor be sanctioned for filing a frivolous sanctions motion and could the sanctions be sought in an opposition to the debtor's motion?

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Consumer opinion summary, case decided on December 29, 2014 , LexisNexis #0115-105

In re Miller Auto. Group Inc.

Ruling
Attorneys ordered to disgorge fees and sanctioned due to willfully misleading disclosure and application for employment.
Issue(s)
Should debtor's counsel be sanctioned and ordered to disgorge fees on motion of the U.S. Trustee?

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Commercial opinion summary, case decided on October 24, 2014 , LexisNexis #1114-104

In re Tran

Ruling
Lawyer sanctioned and ordered to forfeit fees in debtor's second case filed electronically before the lawyer had the debtor's signature on paper petition.
Issue(s)
Should debtor's attorneys be sanctioned for conduct related to debtor's second bankruptcy case?

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Consumer opinion summary, case decided on October 17, 2014 , LexisNexis #1114-070

In re Matters Involving The Profl Conduct of Jason J. Mazzel Esq.

Ruling
Disciplinary proceeding against attorney for alleged misconduct in bankruptcy cases properly referred to bankruptcy court.
Issue(s)
Was disciplinary proceeding against attorney based on actions in bankruptcy cases properly referred to bankruptcy court?

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Consumer opinion summary, case decided on September 04, 2014 , LexisNexis #1114-034

In re Tucker

Ruling
State court filings did not provide a basis for Rule 9011 sanctions against creditor and counsel.
Issue(s)
Could creditor and counsel be sanctioned based on documents filed and actions taken in state court litigation?

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Consumer opinion summary, case decided on August 29, 2014 , LexisNexis #0914-138

In re Whitehill

Ruling
Attorney sanctioned for filing 138 cases and 82 amended schedules without clients' review or signatures.
Issue(s)
Should attorney be sanctioned for filing 138 cases with attendant schedules and statements and 82 amended schedules under penalty of perjury without first obtaining his clients review or signature?

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Consumer opinion summary, case decided on August 12, 2014 , LexisNexis #0914-070