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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

The Cadle Co. v. Pratt (In re Pratt)

On appeal from the District Court for the Northern District of Texas, appellant challenged a bankruptcy court's denial of its motion for sanctions against counsel for appellee debtor in an underlying chapter 7 bankruptcy proceeding and an award of attorney's fees debtor's counsel.
Ruling: 
Denial of sanctions was proper but appeal of award of attorneys fees dismissed due to remand for further proceedings.
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Consumer case opionion summary, case decided on April 08,2008, LexisNexis #0408-140

American Residential Mortg. LP v. Thayer (In re Thayer)

Appellant chapter 7 debtors challenged four orders of the United States Bankruptcy Court for the District of Minnesota, two of which determined that a mortgage on the debtors'property should be reinstated and remain in effect, and the other two imposed monetary sanctions on the debtors' counsel for alleged violations of Fed. R. Bankr. P. 9011.
Ruling: 
Sanctions against debtor's counsel in dispute over status of mortgage lien reveresed as position taken was not without legal support.
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Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-105

Heavrin v. Schilling (In re Triple S Restaurants Inc.)

Plaintiff general counsel sued defendant chapter 7 bankruptcy trustee in state court for outrage and intentional infliction of emotional distress. The trustee removed the case to federal bankruptcy court, had the case dismissed, and had sanctions imposed under Fed. R. Bankr. P. 9011. The general counsel appealed the United States District Court for the Western District of Kentucky at Louisville's affirmation.
Ruling: 
Sanctions properly imposed against debtor's general counsel for unfounded action against chapter 7 trustee.
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Commercial case opionion summary, case decided on March 17,2008, LexisNexis #0408-035