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McDermott v. FIA Card Servs. (In re McDermott)

Defendants, a creditor, its counsel, and counsel's law firm, moved to dismiss plaintiff debtor's adversary proceeding, which sought damages, costs, and attorneys' fees for harm the debtor alleged he suffered as a result of defendants' commencement of a nondischargeability action without any intention to prosecute that action. Defendants also moved for an award of sanctions and costs in an unspecified amount pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Creditor's filing of nondischargeability proceeding without intention of going to trial was not actionable.
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Consumer case opionion summary, case decided on November 08,2010, LexisNexis #1210-066

In re Hurd

After the court became aware of misrepresentations by a secured creditor's counsel on two versions of a proposed order that it filed under the court's electronic case filing (ECF) procedures, the court entered an order to show cause why it should not impose sanctions based on its inherent powers and under 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9011.
Ruling: 
Secured creditor's counsel sanctioned for misrepresentations that debtor's counsel and trustee had endorsed proposed order.
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Consumer case opionion summary, case decided on August 11,2010, LexisNexis #0910-103

In re Harmon

Based on claims of improper conduct on the part of a law firm that had filed various bankruptcy cases before the court, the court issued show cause orders and considered whether the evidence adduced in connection therewith afforded a sufficient basis, per Fed. R. Bankr. P. 9011, Bankr. N.D. Ga. Gen. Ord. 6-2006, or local bankruptcy court rules, to impose sanctions against the law firm, its managing partner, or lawyers affiliated with the firm.
Ruling: 
Firm sanctioned for improper actions of its lawyers in several cases.
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Consumer case opionion summary, case decided on June 03,2010, LexisNexis #0910-139

In re Robinson

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.
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.
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Consumer case opionion summary, case decided on April 23,2010, LexisNexis #0710-136

Elmasri v. Rupp (In re Elmasri)

Plaintiff chapter 7 debtor filed an adversary proceeding against defendants, his ex-wife and her counsel, seeking a declaratory judgment that the service of the ex-wife's order to show cause (OSC) application was insufficient and that a hearing was void. The ex-wife and her counsel filed a motion to dismiss, which also sought the imposition of sanctions. The ex-wife's counsel filed a separate motion for sanctions under Fed. R. Bankr. P. 9011.
Ruling: 
Sanctions assessed against debtor for groundless claim of improper service of order to show cause.
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Consumer case opionion summary, case decided on April 19,2010, LexisNexis #0710-070

In re Nguyen

After denying the chapter 7 debtors a discharge, the court ordered their attorney to appear and show cause why his fees should not be returned, why he should not pay a monetary fine, why he should not be suspended from practice until he completed remedial education requirements, and why he should not be permanently enjoined from allowing the terrible office practices he employed to continue.
Ruling: 
Attorney fined and referred to disciplinary body for "horrific" omissions in schedules that were never signed by debtors.
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Consumer case opionion summary, case decided on April 02,2010, LexisNexis #0610-137

McCabe v. Hermes (In re Hermes)

Creditors filed a motion seeking sanctions under Fed. R. Bankr. P. 9011(c) against defendant chapter 7 debtor. As a sanction, the creditors sought the balance of their attorney fees incurred in defending the debtor's attempt to set aside a default judgment.
Ruling: 
Debtor sanctioned for filing frivolous motion and making false representations to court.
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Consumer case opionion summary, case decided on February 23,2010, LexisNexis #0410-105

In re Letourneau

The court held a hearing requiring an alleged chapter 7 debtor to show cause why he should not be sanctioned for violating Fed. R. Bankr. P. 9011(b)(1) by filing an involuntary bankruptcy case against himself.
Ruling: 
Chapter 7 debtor sanctioned for filing involuntary case against himself.
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Consumer case opionion summary, case decided on February 04,2010, LexisNexis #0310-104

In re Green

A bankruptcy debtor's petition failed to disclose that the debtor's landlord obtained a prepetition judgment of possession of the debtor's apartment allowing the landlord to proceed with eviction of the debtor, and the debtor's counsel failed to appear at a hearing on the landlord's motion to lift the automatic bankruptcy stay. Counsel was ordered to show cause why he should not be sanctioned.
Ruling: 
Debtor's counsel sanctioned for failure to disclose prepetition judgment of possession and failure to appear at hearing on landlord's motion to lift stay.
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Consumer case opionion summary, case decided on February 02,2010, LexisNexis #0310-061

In re Emanuel

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and an attorney who represented the debtor in a wrongful death action filed a motion for an order transferring the debtor's bankruptcy case to the U.S. District Court for the Southern District of New York. The bankruptcy court denied the motion and issued an order requiring the attorney and his counsel to show cause why they should not sanctioned.
Ruling: 
Former wrongful death counsel for debtor's estate sanctioned for filing frivolous motion to transfer the bankruptcy case to the district court.
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Consumer case opionion summary, case decided on January 29,2010, LexisNexis #0310-070

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