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Summarizing by Paris Gyparakis

Home » Bankruptcy Process and Procedure » Ethics

Baker v. Harrington (In re Hoover)

  • Summarized by Michael Sugar , Commonwealth of Massachusetts
  • 9 years 8 months ago
Citation:
No. 15-2384 (1st Cir.)
Ruling:
The court affirmed the bankruptcy court's sanction against the Debtor's attorney for twice describing applicable law in a misleading way. The appeals court found that the Bankruptcy Court had not...
Judge(s):
Lynch, Kayatta, and Barron
Tag(s):

Halloum v. McCormick, Barstow, Sheppard, Wayte & Carruth (In re Halloum)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 8 months ago
Citation:
BAP No. EC-15-1291-DTaJu (BAP 9th Cir. Jun. 28, 2016) (unpublished)
Ruling:
The BAP for the 9th Circuit affirmed the ruling of the bankruptcy court (E.D. Ca.) finding no abuse of discretion in approving a final fee application for debtor's former counsel through a...
Judge(s):
Dunn, Taylor, Jury
Tag(s):

Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.)

Citation:
Michael's Enterprises of Virginia, Inc. v. Branch Bank and Trust Company (In re Michael's Enterprises of Virginia, Inc.), Case no. 15-1807 (4th Cir. Apr. 6, 2016) (unpublished) (per curiam)
Ruling:
The decision of the bankruptcy court awarding sanctions against the corporate debtor and its sole shareholder on the grounds that the chapter 11 petition had been filed for the improper purpose of...
Judge(s):
Before Wilkinson and Floyd, Circuit Judges, and Davis, Senior Circuit Judge.
Tag(s):

Harger v. Jones (In re Jones)

  • Summarized by Michael Coury , Glankler Brown, PLLC
  • 10 years 2 weeks ago
Citation:
Harger v Jones (In re Jones), 16 Fed App.0001P(6th Cir. March 3, 2016)
Ruling:
The Sixth Circuit BAP held that the bankruptcy court erred as a matter of law in awarding attorneys' fees as sanctions under Rule 9011 on a sua sponte basis and abused its discretion in imposing...
Judge(s):
Preston, Humphrey and Harrison
Tag(s):

Castellanos Group Law Firm, L.L.C v. Federal Deposit Insurance Corp.

Citation:
2015-0036 (1st Cir. BAP February 17,2016) (MJS Las Croabas Properties, Inc a/k/a Ocean Club at Seven Seas)BAP NO. 15-036 Bankr. Case No12-05710ESL
Ruling:
On a decision for publication, the BAP affirmed the imposition of sanctions against the law firm under 28 U.S.C. §1927.
Judge(s):
Feeney, Deasy, and Cary
Tag(s):

Shalaby v. Mansdorf (In re Nakhuda)

  • Summarized by Lars Fuller , BakerHostetler
  • 10 years 1 month ago
Citation:
BAP No. NC-15-1149-JuKuW (BAP 9th Cir. Feb. 4, 2016)(published)
Ruling:
The BAP for the 9th Circuit affirmed in part and reversed in part the ruling of the bankruptcy court (N.D. Cal.), sanctioning chapter 7 debtor's counsel by ordering payment to the bankruptcy court...
Judge(s):
Jury, Kurtz, Wanslee
Tag(s):

James, Sr. v. Guidry (In re Guidry)

  • Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
  • 10 years 3 months ago
Citation:
James v. Guidry (In re Guidry), BAP No. CC-14-1531-TaKuKi, 2015 WL 8483726 (B.A.P. 9th Cir. Dec. 9, 2015)
Ruling:
Reversing the Bankruptcy Court, the Bankruptcy Appellate Panel of the Ninth Circuit held that the Bankruptcy Court (1) erred in finding that a bankruptcy petition preparer violated section 110(b)...
Judge(s):
Taylor, Kurtz, and Kirscher, Bankruptcy Judges
Tag(s):

Chandler v. McIntosh (In re McIntosh)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 10 years 4 months ago
Citation:
In re McIntosh, No. NC-15-1029-JuTaD (9th Cir. B.A.P. Nov. 3, 2015).
Ruling:
After chapter 13 debtor discharged her lawyer, lawyer breached duty of loyalty to debtor by challenging debtor’s exemption claim in order to collect lawyer’s fee. Not-for-publication memorandum.
Judge(s):
Meredith A. Jury, Laura S. Taylor, and Randall L. Dunn, Bankruptcy Judges.
Tag(s):

Needler v. Casamatta (In re Miller Automotive Group, Inc.)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 7 months ago
Citation:
Needler v. Casamatta (In re Miller Automotive Group, Inc.), Case No. 14-6047 (8th Cir. B.A.P. August 12, 2015)
Ruling:
Section 350 clearly provides statutory authority to reopen a closed case and there is no requirement that a bankruptcy court must expressly retain jurisdiction when dismissing a case in order to...
Judge(s):
Schermer, Saladino and Shodden (Bankruptcy Judges)
Tag(s):

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