- 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
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- 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
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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 re Macfarland
Nov
10
2011
Ruling
Debtors' counsel sanctioned for objecting to claims and scheduling debts as disputed without good faith basis.
Procedural posture
The court conducted show-cause hearings in 11 chapter 13 cases to determine whether each debtors' counsel violated Fed. R. Bankr. P. 9011(b) by filing claim objections and if so, whether the debtors' counsel should be sanctioned. In those cases in which claims were disallowed, the court considered whether the claim objections should be stricken and whether the orders disallowing the claims should be vacated pursuant to Fed. R. Bankr. P. 9024.
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Court
:
- FRBP
In re Menton
May
24
2011
Ruling
Debtor's attorney sanctioned due to twice failing to submit timely plan, fee irregularities and filing of dismissal notice without notifying clients.
Procedural posture
The court entered an order to show cause directed to the attorney for Chapter 13 debtors as to why he should not be sanctioned and referred to the Chief Judge of the District for discipline, including consideration of being barred from practice in the Northern District of New York.
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Court
:
- FRBP
In re Currency Mgmt. Co. Ltd.
Sep
03
2010
Ruling
Debtor's attorney sanctioned for filing case in bad faith solely to contest creditor's claim with evidence barred in state court.
Procedural posture
A creditor moved for sanctions against counsel for a bankruptcy debtor pursuant to Fed. R. Bankr. P. 9011(b) based on the filing of allegedly false proofs of claim by counsel, and based on the filing of the bankruptcy in an alleged attempt to relitigate issues determined in a pending state-court action for breach of contract.
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Court
:
- FRBP
In re Robinson
Apr
23
2010
Ruling
Debtor's attorney ordered to show cause why objections to amended proofs of claim despite prior agreement to increase was not grounds for sanctions.
Procedural posture
A chapter 13 trustee filed a motion to modify the debtor's previously confirmed plan. The debtor objected on the grounds that a creditor's claim was excessive because it included bankruptcy attorney fees and court costs that were not authorized by the contract attached to the creditor's proof of claim.
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Court
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In re Lee
Jun
26
2009
Ruling
Sanctions limited to publication of court's opinion imposed on counsel for lender that did not own note that was basis for proof of claim.
Procedural posture
A lender was denied relief from the automatic bankruptcy stay to foreclose against a bankruptcy debtor's real property after the bankruptcy court discovered that the lender did not own the note secured by the property, and that the copy of the note provided by the lender was not a true and correct copy. The bankruptcy court issued an order to show cause why sanctions should not be imposed on counsel for the lender.
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Court
:
- FRBP
In re Wingerter
Oct
08
2008
Ruling
Appeal of nonmonetary sanctions imposed by bankruptcy court dismissed as moot and calling for an impermissible advisory opinion.
Procedural posture
Creditor appealed an order of the Bankruptcy Court for the Northern District of Ohio, Eastern Division, that imposed sanctions under Fed. R. Bankr. P. 9011(b). The bankruptcy court concluded that the creditor failed to with Fed. R. Bankr. P. 9011(b) to make a reasonable inquiry into the basis of its claim before filing the proof of claim because it made no effort to comply with Fed. R. Bankr. P. 3001(c) and Official Bankr. Form 10.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Josephson
Jan
09
2008
Ruling
Debtor's attorney sanctioned for electronic filing of amended plan without consent of both debtors.
Procedural posture
Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code. After the court confirmed the debtors' plan for repaying their creditors and an amendment to that plan, their attorney filed an addendum to the amended plan. The chapter 13 trustee opposed confirmation of the addendum and filed a motion seeking an order requiring the debtors'attorney to show cause why he should not be sanctioned.
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Court
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