Williams v. Lynch (In re Lewis, Jr.)

Summarized by John Bollinger , Boleman Law Firm, PC
10 years 8 months ago

Citation:

Williams v. Lynch, No. 14-1881 (4th Cir. June 9, 2015) (unpublished) (per curiam)

Tag(s):

Ruling:

In an unpublished opinion, the Fourth Circuit found no reversible error and affirmed the district court’s order affirming the bankruptcy courts order suspending an attorney from practicing in the bankruptcy court, the disgorgement of attorney’s fees and the imposition of a $2,500.00 monetary sanction. The Fourth Circuit held that the bankruptcy court statutorily and inherently has jurisdiction and authority to sanction attorneys that present themselves as an attorney and officer of the court.

Procedural context:

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh affirming decision of bankruptcy court’s order for sanctions against debtor’s counsel.

Facts:

After the bankruptcy was filed, the Bankruptcy Administrator identified discrepancies in the debtor’s schedules and disclosures made by the debtor and debtor’s counsel. The Bankruptcy Administrator investigated further and discovered that debtor’s counsel had failed to fully disclose compensation and failed to comply with the courts rules and procedures. The Bankruptcy Administrator and the Chapter 7 Trustee moved for sanctions against debtor’s counsel. Hearings were held and the bankruptcy court entered an order suspending counsel for the debtor from initiating new bankruptcy cases and also provided for monetary sanctions.

Judge(s):

Keenan, Wynn and Diaz, Circuit Judges

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