Search Opinion

Williams v. Living Hope Southeast LLC (In re Living Hope Southwest Med. Servs. LLC)

Ruling: 
Order denying reconsideration of sanctions issued against creditor for filing "corrected" pleading that retained substance of original offensive pleading.
ABI Membership is required to access the full summary of Williams v. Living Hope Southeast LLC (In re Living Hope Southwest Med. Servs. LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 29,2015, LexisNexis #0215-140

In re Miller Auto. Group Inc.

Ruling: 
Attorneys ordered to disgorge fees and sanctioned due to willfully misleading disclosure and application for employment.
ABI Membership is required to access the full summary of In re Miller Auto. Group Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on October 24,2014, LexisNexis #1114-104

Young v. Young (In re Young)

Ruling: 
Sanctions against debtor's attorney for false statements in plan affirmed.
ABI Membership is required to access the full summary of Young v. Young (In re Young). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 12,2014, LexisNexis #0414-035

In re Wyatt & McAlister PLLC

Ruling: 
Lawyer sanctioned for continuing to litigate issue of ability to file petition on behalf of professional LLC which only other member opposed.
ABI Membership is required to access the full summary of In re Wyatt & McAlister PLLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on November 07,2013, LexisNexis #1213-069

Young v. Young (In re Young)

Ruling: 
Debtor's counsel suspended, reprimanded, fined and ordered to attend CLE due to filing plan for improper purpose and false allegations in adversary proceeding against debtor's former spouse.
ABI Membership is required to access the full summary of Young v. Young (In re Young). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 11,2013, LexisNexis #1013-033

In re Kwik-Way Prods.

Debtor filed a petition under chapter 11 of the Bankruptcy Code, and the court approved the debtor's bankruptcy plan and closed the case. The debtor filed a motion to reopen its case and asked the court to issue an order which required a bank to show cause why it should not be sanctioned for violating the terms of the debtor's chapter 11 bankruptcy plan. The bank filed a motion for sanctions.
Ruling: 
Debtor awarded expenses and bank ordered to show cause why it should not be sanctioned for violating terms of chapter 11 plan.
ABI Membership is required to access the full summary of In re Kwik-Way Prods.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 28,2012, LexisNexis #0113-137

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.
ABI Membership is required to access the full summary of American Residential Mortg. LP v. Thayer (In re Thayer). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 31,2008, LexisNexis #0408-105

In re Robinson

Movants filed two motions, seeking sanctions pursuant to Fed. R. Bankr. P. 9011 against the attorneys for chapter 7 debtors.
Ruling: 
Debtors'attorneys sanctioned for seeking relief from stay to pursue action clearly barred by res judicata and within bankruptcy court jurisdiction.
ABI Membership is required to access the full summary of In re Robinson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Ulmer

The matter came before the court on a Rule to Show Cause requiring two attorneys and their law firm to appear and show cause why the court should not enter sanctions against them for their practices before the court.
Ruling: 
Firm sacntioned for failure to oversee activities of attorneys who filed questionable documents and routinely failed to appear in court.
ABI Membership is required to access the full summary of In re Ulmer. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Briggs v. Labarge (In re Phillips)

Appellee trustee moved for sanctions against appellant attorney, alleging that the attorney violated Fed. R. Bankr. P. 9011 by filing a bankruptcy petition for the debtor without meeting with the debtor or obtaining the debtor's signature. The bankruptcy court agreed and imposed sanctions. The bankruptcy appellate panel affirmed the bankruptcy court's order. The attorney appealed.
Ruling: 
Attorney violated Bankruptcy Rules by filing bankruptcy petition for the debtor without meeting with the debtor to confirm that the debtor authorized second filing.
ABI Membership is required to access the full summary of Briggs v. Labarge (In re Phillips). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member