Search Opinion

In re Gordon

Debtor filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's case. The trustee asked the court to impose sanctions on a bank and its counsel, pursuant to 11 U.S.C.S. § 105, claiming that the bank and its counsel impugned his character in a motion they filed with the court and in letters they wrote.
Ruling: 
Rule 9011 did not apply to allegedly defamatory statement against trustee in letter from bank and counsel to U.S. Attorney's Office.
ABI Membership is required to access the full summary of In re Gordon. 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 January 04,2013, LexisNexis #0513-101

In re Wardley Corp.

A creditor filed an involuntary petition under chapter 7 of the Bankruptcy Code against debtor corporation, and a trustee was appointed to administer the debtor's bankruptcy estate. The court issued an order to the creditor to show cause why she should not be sanctioned under Fed. R. Bankr. P. 9011 for filing a pro se motion which sought removal of the bankruptcy trustee.
Ruling: 
Pro se creditor sanctioned for meritless motion to remove trustee in involuntary chapter 7 case.
ABI Membership is required to access the full summary of In re Wardley Corp.. 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 09,2012, LexisNexis #1212-034

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.
ABI Membership is required to access the full summary of McCabe v. Hermes (In re Hermes). 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 February 23,2010, LexisNexis #0410-105

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.
ABI Membership is required to access the full summary of Bennett v. Society of Lloyds (In re Bennett). 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 24,2008, LexisNexis #1008-105

In re West

A bankruptcy court issued an order to show cause why counsel for bankruptcy debtors failed to comply with the court's requirement that pleadings be filed electronically rather than on paper. Upon counsel's continued failures to comply with the requirement and counsel's apparently inconsistent statements, the court considered whether to sanction counsel pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Counsel was sanctioned for refusing to file pleadings electronically and for making misrepresentations to the court regarding the counsel's ability to file electronically.
ABI Membership is required to access the full summary of In re West. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member