- Case Type:
- Case Status:
- 18-679 (2nd Circuit, Oct 30,2019) Published
- The bankruptcy courts possess the inherent power to sanction attorneys in appropriate circumstances.
- Procedural context:
- Appeal of the district court's affirmance of the bankruptcy court's aware of sanctions against counsel to debtor.
- Appellant, debtor's chapter 7 attorney, filed a chapter 7 petition for relief for his client. Counsel failed to prosecute case. The bankruptcy court issued multiple orders to show cause as to which counsel for the debtor failed to comply. Because of counsel's non-compliance, the bankruptcy court issued an order sanctioning counsel in the amount of $1000. Counsel sought to vacate the sanctions order and the bankruptcy denied such request holding that the court has the inherent power to manage its calendar and its courtroom. On appeal, the district court affirmed and on appeal from the district court, the Second Circuit affirmed.
- Walker, Carney and Sullivan
3469 in the system
5 Being Processed