Parker v. Jacobs (In re Parker)
- Citation:
- Case No. 12-10599 (11th Cir. August 9, 2012)
- Tag(s):
-
- Ruling:
- The Eleventh Circuit Court of Appeals Affirmed the bankruptcy court’s order permanently disbarring general practice attorney Darryl A. Parker ("Attorney") from bankruptcy practice in the Middle District of Alabama for repeated violations of Federal Rule of Bankruptcy Procedure 9011(b) and U.S.C. § 526(a)(5).
- Procedural context:
- The administrator for the bankruptcy court moved to impose sanctions on the Attorney. After the Attorney failed to appear at the sanctions hearing, the bankruptcy judge disbarred the Attorney from the bankruptcy bar. The bankruptcy court subsequently denied Attorney's motion to vacate order of disbarment. The District Court in the Middle District of Alabama affirmed the bankruptcy court’s decision. The Attorney appealed.
- Facts:
- The bankruptcy administrator brought sanctions against the Attorney for filing multiple Chapter 7 petitions containing false statements, repeated failures to pay the filing fee for clients and failure to appear before the sanctions hearing. Despite proper notice, the Attorney failed to appear before the bankruptcy court. The court entered an order to disbar the Attorney and the Attorney moved to vacate the order on the grounds that his flu-like symptoms prevented him from appearing and the sanction of disbarment was too harsh. The bankruptcy court denied Attorney's motion to vacate on the grounds that Attorney's conduct, beyond displaying questionable competency, also demonstrated a troubling track record of intentional misconduct.
- Judge(s):
- Marcus, Martin, Black
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