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In re Cabrera-Mejia

The court issued an order to show cause why a law firm should not be subjected to sanctions for filing motions seeking relief from the automatic stay that was imposed after various debtors filed petitions under chapter 7 of the Bankruptcy Code.
Ruling: 
Law firm sanctioned for filing and then withdrawing numerous requests for relief from stay without conducting proper investigation into basis for motions.
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Consumer case opionion summary, case decided on December 23,2008, LexisNexis #0309-094

In re Vargas

The movant, which was apparently not the mortgagee of record, sought relief from the automatic stay to proceed on the foreclosure of the promissory note and mortgage. The debtor asserted that the promissory note in issue was a forgery and not a valid instrument.
Ruling: 
Law firm sanctioned for bringing motion for relief from stay to foreclose without evidentiary support.
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Consumer case opionion summary, case decided on October 22,2008, LexisNexis #0209-135

In re Wingerter

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.
Ruling: 
Appeal of nonmonetary sanctions imposed by bankruptcy court dismissed as moot and calling for an impermissible advisory opinion.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #1108-021

In re Pearce

Debtor filed a petition under chapter 13 of the Bankruptcy Code and objected to four claims that were filed against her bankruptcy estate. The court sustained the debtor's objection to three of the four claims and took under advisement the question of whether one of the creditors should be sanctioned for filing its proof of claim.
Ruling: 
Court declined to sanction creditor that purchased claims from original creditor for filing proofs of claim.
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Consumer case opionion summary, case decided on October 01,2008, LexisNexis #0109-098

Bennett v. Society of Lloyds (In re Bennett)

Debtor filed an adversary proceeding against appellee judgment creditor, seeking an order allowing him to offset the amount of a judgment the creditor obtained in a district court by the amount of a judgment that was entered by a British court. The bankruptcy court found that the action was frivolous, and it ordered the debtor's attorney to pay the creditor's attorney fees in the amount of $ 23,305. The debtor's attorney appealed.
Ruling: 
Sanctions against debtor's attorney for filing frivolous proceeding upheld and fees awarded to creditor for defending appeal.
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Consumer case opionion summary, case decided on September 24,2008, LexisNexis #1008-105

In re Brooks-Hamilton

Upon remand from the U.S. Court of Appeals from the Ninth Circuit, the court reconsidered its order suspending an attorney for his conduct in a bankruptcy case.
Ruling: 
Bankruptcy court reaffirmed six month suspension of attorney for misconduct on remand.
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Consumer case opionion summary, case decided on September 02,2008, LexisNexis #1108-068

In re Martinez

The debtors filed for relief under chapter 13 of the Bankruptcy Code. In their schedules, the debtors listed a principal residence and two rental properties. A chapter 13 trustee filed an opposition to confirmation of the debtors' plan and recommended their case for dismissal based on ineligibility under 11 U.S.C.S. § 109(e).
Ruling: 
Creditor's attorney sanctioned for refusing to cooperate with correction of erroneous stipulation.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #1008-054

Cadle Co. v. Pratt (In re Pratt)

The matter was remanded to the court from the U.S. District Court for the Northern District of Texas. The district court had affirmed the denial of a motion for sanctions filed by plaintiff company against defendant debtor, but reversed the court's decision to award attorney's fees and costs to the debtor's attorney. The matter was remanded so the court could determine whether an attorney fee award to the debtor's counsel was warranted.
Ruling: 
Debtor's counsel awarded fees in costs for successful defense of motion for sanctions.
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Consumer case opionion summary, case decided on July 30,2008, LexisNexis #0908-035

In re Withrow

An attorney filed a motion for a stay pending appeal to the Bankruptcy Appellate Panel for the First Circuit (BAP) of an order, which sanctioned him for violating Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 707(b)(4)(C) and (D) and ordered that sum paid to the chapter 7 trustee within 30 days.
Ruling: 
Debtor's attorney denied stay pending appeal of sanctions for misrepresentations in debtor's statements and schedules.
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Consumer case opionion summary, case decided on July 25,2008, LexisNexis #0808-130

In re Withrow

The court issued an order requiring the attorney for a chapter 7 debtor to show cause why he should not, pursuant to Fed. R. Bankr. P. 9011(c)(1)(B), be sanctioned on account of alleged misrepresentations, omissions, and errors in the debtor's bankruptcy schedules, Statement of Financial Affairs, and Rebuttal of Presumption of Abuse.
Ruling: 
Debtor's attorney sanctioned for failure to meet obligations to review schedules and resolve or explain contradictions and inconsistencies.
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Consumer case opionion summary, case decided on July 03,2008, LexisNexis #0708-129

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