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Nosek v. Ameriquest Mortg. Co. (In re Nosek)

The court issued an order to show cause why sanctions should not be imposed under Fed. R. Bankr. P. 9011 for apparent misrepresentations as to the status of a lender as the holder of the note and mortgage at issue in the case. The order was directed at the lender, the law firm that served as its local law firm, three of its attorneys, the law firm that served as its national law firm, one of its attorneys, and the existing mortgage holder.
Ruling: 
Lender and counsel sanctioned for misrepresentation of status with regard to note and mortgage.
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Consumer case opionion summary, case decided on April 25,2008, LexisNexis #0608-035

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

In re Cantico Intl Ltd.

A trustee filed a motion for monetary sanctions, pursuant to Fed. R. Bankr. P. 9011, against a putative owner and his attorney in an involuntary chapter 11 case.
Ruling: 
Sanctions imposed against putative owner of property for filing involuntary chapter 11 case to delay foreclosure without justification.
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Commercial case opionion summary, case decided on March 19,2008, LexisNexis #0508-057

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

Harris v. Brown (In re Brown)

Before the court was movant chapter 7 trustee's motion for sanctions pursuant to Fed. R. Bankr. P. 9011(c) against respondent, debtor's brother, who had a one-third interest in the assets and liabilities of debtor.
Ruling: 
Debtor's brother sanctioned for frivolous and mertiless filings.
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Consumer case opionion summary, case decided on March 11,2008, LexisNexis #0408-139

Harris v. United States (In re Brown)

Plaintiff/movant trustee filed an adversary proceeding to determine the extent and validity of defendant United States' (acting through the Internal Revenue Service (IRS)) claim for taxes and for criminal restitution. Pending was the trustee's motion for sanctions pursuant to Fed. R. Bankr. P. 9011(c). Respondent debtor did not file a response.
Ruling: 
Debtor sanctioned for repeated filing of frivolous, meritless, and harassing motions against trustee.
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Consumer case opionion summary, case decided on February 14,2008, LexisNexis #0308-105

Keenan v. Pyle (In re Keenan)

Appellant debtors challenged the Bankruptcy Court for the Southern District of California's award of sanctions against them.
Ruling: 
Debtors and attorney sanctioned for filing over 60 unsupported appellate proceedings against trustee and counsel.
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Consumer case opionion summary, case decided on January 30,2008, LexisNexis #0208-090

In re Josephson

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.
Ruling: 
Debtor's attorney sanctioned for electronic filing of amended plan without consent of both debtors.
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Consumer case opionion summary, case decided on January 09,2008, LexisNexis #0308035

In re Evergreen Sec. Ltd.

The debtor filed a motion for sanctions pursuant to Fed. R. Bankr. P. 9011 seeking sanctions against respondents, two attorneys and their respective law firms. The central issues for determination were whether respondents presented and advocated a recusal motion in bad faith and, if they did, what sanctions were to be imposed against them.
Ruling: 
Attorneys and their firms sanctioned for filing and pursuing recusal motion in bad faith.
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Commercial case opionion summary, case decided on January 02,2008, LexisNexis #0308-140

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