Feb
17
2016
In re Alonso
Ruling:
Creditor sanctioned for filing an amended proof of claim three months before plan completion and frivolous motions that followed.
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Consumer case opionion summary, case decided on February 17,2016, LexisNexis #0316-070
Feb
11
2016
In re Gianasmidis
Ruling:
Sanctions not warranted against debtor's former attorneys where contested motion to stay was not frivolous.
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Consumer case opionion summary, case decided on February 11,2016, LexisNexis #0316-034
Dec
03
2015
Rodriguez v. Collazo (In re Melendez)
Ruling:
Pro se debtor sanctioned for frivolous proceeding alleging fraud and violation of the discharge injunction.
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Consumer case opionion summary, case decided on December 03,2015, LexisNexis #1215-138
Jul
16
2015
Fraterfood Serv. v. DDR Del Sol LLC S.E. (In re Fraterfood Serv.)
Ruling:
Adversary proceeding dismissed and debtor's attorney sanctioned for commencing proceeding intended to delay payment of rent owed by debtor.
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Commercial case opionion summary, case decided on July 16,2015, LexisNexis #0815-069
Mar
13
2015
In re MJS Las Croabas Props.
Ruling:
Attorney and law firm that represented creditor home owners' association sanctioned for failure to respond to inquiries from trustee and FDIC attorneys regarding motion for relief from stay.
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Commercial case opionion summary, case decided on March 13,2015, LexisNexis #0415-035
Aug
06
2014
In re Hoover
Ruling:
Debtor's counsel sanctioned for misstatements of law.
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Consumer case opionion summary, case decided on August 06,2014, LexisNexis #0914-035
Jun
01
2011
Hermosilla v. Hermosilla (In re Hermosilla)
Plaintiff former spouse of defendant bankruptcy debtor obtained a judgment of nondischargeability of a debt for willful and malicious injury based on domestic assault. Upon remand from the U.S. District Court for the District of Massachusetts, the bankruptcy court considered attorney fees as a sanction for the debtor's frivolous appeal and sanctions under Fed. R. Bankr. P. 9011 for the debtor's baseless arguments in the bankruptcy court.
Ruling:
Debtor sanctioned for frivolous appeal of finding that debt based on domestic assault was nondischargeable.
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Consumer case opionion summary, case decided on June 01,2011, LexisNexis #0711-070
Jan
11
2011
In re Baytarian
Following the submission of a motion for sanctions by the chapter 7 debtors and an opposition by the creditors' attorney, the court issued its own order to show cause why the attorney should not be sanctioned under Fed. R. Bankr. P. 9011(c)(1)(B) for presenting a pleading for an improper purpose and for filing a substantive pleading that was not authorized by his clients.
Ruling:
Filing motion for relief from stay without authorization of clients was not grounds for sanctions against creditors' attorney.
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Consumer case opionion summary, case decided on January 11,2011, LexisNexis #0211-103
Nov
08
2010
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
Sep
16
2009
In re Rowlands
Debtor moved for sanctions against a creditor pursuant to Fed. R. Bankr. P. 9011.
Ruling:
Creditor's change in position regarding claim in interrogatories was not basis for sanctions.
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Consumer case opionion summary, case decided on September 16,2009, LexisNexis #1009-105