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Rule 9011

Ateco Inc. v. Hebb (In re Ateco Inc.)

Ruling
Creditor sanctioned for actions in proceeding against debtor for spoliation of evidence.
Issue(s)
Should creditor be sanctioned for conduct in proceeding regarding debtor's alleged spoliation of evidence.

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Commercial opinion summary, case decided on October 28, 2013 , LexisNexis #1113-140

Gordy v. Stafford (In re Gordy)

Ruling
Motion for sanctions dismissed where corresponding adversary proceeding was voluntarily dismissed but debtor was still subjected to sanctions by court due to conduct.
Issue(s)
Was debtor subject to sanctions for conduct in adversary proceeding against former spouse that had been voluntarily dismissed.

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Consumer opinion summary, case decided on October 01, 2013 , LexisNexis #1013-105

In re Yerk

Ruling
Court declined to exercise inherent power to sanction counsel where Rule 9011 provided adequate recourse.
Issue(s)
Was special counsel for debtor entitled to call upon bankruptcy court's inherent power to sanction opposing counsel for conduct in defending civil case.

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Consumer opinion summary, case decided on September 26, 2013 , LexisNexis #1213-070

Miller v. Miller (In re Miller)

Ruling
District court should have remanded case after finding bankruptcy court's sanctions order to be procedurally defective.
Issue(s)
Should district court have remanded to allow bankruptcy court to consider proper attorney sanctions after finding that original order was procedurally defective..

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 16, 2013 , LexisNexis #1013-032

Meredith v. City of Camden Water & Sewer (In re Smith)

Ruling
Counsel admonished for failure to used electronic filing system.
Issue(s)
Should creditor's attorney have complied with local electronic filing requirements .

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Consumer opinion summary, case decided on September 16, 2013 , LexisNexis #1013-068

Young v. Young (In re Young)

Ruling
Debtor's counsel suspended, reprimanded, fined and ordered to attend CLE due to filing plan for improper purpose and false allegations in adversary proceeding against debtor's former spouse.
Issue(s)
Should debtor's counsel be sanctioned for filing modified plan which failed to provide alimony and fees owed to former spouse and for filing adversary proceeding against former spouse containing untrue allegations.

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Consumer opinion summary, case decided on September 11, 2013 , LexisNexis #1013-033

In re Ruehmann

Ruling
Attorney sanctioned for numerous bad faith filings and failure to file fee disclosures.
Issue(s)
Should attorney be sanctioned for bad faith filings and failures to disclose fee requests .

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Consumer opinion summary, case decided on September 05, 2013 , LexisNexis #1013-069

In re Holmes

Ruling
Debtor's attorney sanctioned for reliance on assurances of non-lawyer employee to detriment of debtor.
Issue(s)
Should debtor's attorney be sanctioned for providing improper advice regarding the sale of property and dismissal of the case and for allowing paralegal to exercise duties and responsibilities belong solely to attorneys.

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Consumer opinion summary, case decided on July 11, 2013 , LexisNexis #0913-140

Robinson v. Lawrence (In re Lawrence)

Ruling
Creditor's attorney sanctioned for filing adversary proceeding seeking revocation of discharge after passing of deadline for objection to discharge.
Issue(s)
Whether a creditor who filed an adversary proceeding seeking revocation of a chapter 7 debtor's discharge after the deadline for seeking an order denying the debtor's discharge had passed was subject to sanctions under Fed. R. Bankr. P. 9011(b).

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Consumer opinion summary, case decided on March 21, 2013 , LexisNexis #0813-137

Wallace v. Hayes (In Wallace)

Ruling
Sanctions imposed after dismissal of debtor's adversary proceeding was affirmed.
Procedural posture

Chapter 11 debtor filed an adversary proceeding against defendants, and in prior rulings the court denied the debtor's request for an injunction, granted defendants' motion to dismiss the debtor's adversary proceeding, and granted defendants' motion for imposition of sanctions under Fed. R. Bankr. P. 9011. The debtor filed two pro se motions which asked the court to reconsider its rulings.

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Consumer opinion summary, case decided on February 27, 2013 , LexisNexis #0313-103