- FRBP
In re Smith
Jan
30
2013
Ruling
Attorney disciplined for "ghostwriting" debtors' petitions.
Procedural posture
Two debtors filed separate petitions under chapter 13 of the Bankruptcy Code that were prepared by the same attorney, and the United States Trustee ("UST") and a chapter 13 trustee who was appointed to administer the debtors' bankruptcy plans asked the court to examine fees the debtors paid to the attorney and to impose sanctions on the attorney. The court held a hearing on the motions.
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Court
:
- FRBP
In re Noyola
Jan
18
2013
Ruling
Case dismissed as filed in violation of prior prejudicial dismissal order but without sanction against counsel.
Procedural posture
A chapter 13 debtor filed a case with the assistance of counsel in violation of an order dismissing his prior case with prejudice to refiling for 180 days. The court issued an order to show cause why the case should not be dismissed with prejudice to refiling for two years and why counsel should not be sanctioned for failing to comply with the prior court order pursuant to Fed. R. Bankr. P. 9011(b).
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Court
:
- FRBP
In re Gordon
Jan
04
2013
Ruling
Rule 9011 did not apply to allegedly defamatory statement against trustee in letter from bank and counsel to U.S. Attorney's Office.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's case. The trustee asked the court to impose sanctions on a bank and its counsel, pursuant to 11 U.S.C.S. § 105, claiming that the bank and its counsel impugned his character in a motion they filed with the court and in letters they wrote.
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Court
:
In re Kwik-Way Prods.
Dec
28
2012
Ruling
Debtor awarded expenses and bank ordered to show cause why it should not be sanctioned for violating terms of chapter 11 plan.
Procedural posture
Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the court approved the debtor's bankruptcy plan and closed the case. The debtor filed a motion to reopen its case and asked the court to issue an order which required a bank to show cause why it should not be sanctioned for violating the terms of the debtor's chapter 11 bankruptcy plan. The bank filed a motion for sanctions.
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Court
:
- FRBP
In re Wardley Corp.
Nov
09
2012
Ruling
Pro se creditor sanctioned for meritless motion to remove trustee in involuntary chapter 7 case.
Procedural posture
A creditor filed an involuntary petition under chapter 7 of the Bankruptcy Code against debtor corporation, and a trustee was appointed to administer the debtor's bankruptcy estate. The court issued an order to the creditor to show cause why she should not be sanctioned under Fed. R. Bankr. P. 9011 for filing a pro se motion which sought removal of the bankruptcy trustee.
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Court
:
- FRBP
Dye v. Sachs (In re Flashcom Inc.)
Oct
11
2012
Ruling
Trustee sanctioned for filing vexatious motion in limine seeking to reargue failed preference proceeding.
Procedural posture
Moving defendants, who were alleged to have benefitted from certain preferential transfers, sought the imposition of sanctions against plaintiff, the chapter 11 liquidating trustee, and her prior counsel, pursuant to Fed. R. Bankr. P. 9011. The trustee had filed a vexatious motion in limine seeking to deprive the moving defendants of the right to raise a defense to the trustee's preference complaint.
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Court
:
- FRBP
Felger v. Zaidi (In re Zaidi)
Sep
10
2012
Ruling
Sanctions awarded against judgment creditor attorney for willful filing of baseless nondischargeability proceeding.
Procedural posture
Following an entry of judgment in favor of defendant chapter 7 debtor in a complaint for nondischargeability of debt pursuant to 11 U.S.C.S. § 523(a)(2)(A), the debtor filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011(b) against plaintiff creditor.
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Court
:
- FRBP
In re Sponhouse
Aug
27
2012
Ruling
Debtor's former attorney ordered to disgorge fees for filing of two deficient chapter 7 petitions on behalf of debtor.
Procedural posture
Debtors' former attorney was ordered to show cause why sanctions should not be imposed against him concerning his filing of two deficient chapter 7 bankruptcy petitions for the debtors.
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Court
:
In re Dickson Props. LLC
Jun
05
2012
Ruling
Counsel sanctioned for representing two debtors, LLC and its sole member, in separate cases, as well as creditors, creating insoluble conflict.
Procedural posture
The court issued an order directing counsel for the debtor to appear and show cause why sanctions should not be imposed.
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Court
:
- FRBP
In Spickelmier
Apr
09
2012
Ruling
Debtor's counsel sanctioned for filing second amended motion to vacate dismissal due to prior failure to appear and unpreparedness.
Procedural posture
In a chapter 13 bankruptcy case, the court issued an order to the debtors' counsel to show cause why counsel should not be sanctioned pursuant to Fed. R. Bankr. P. 9011 for filing a second amended motion to vacate the court's order dismissing the debtors' case after the court had already denied counsel's earlier motion to vacate the court's order.
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Court
: