Sunday, July 21, 2013

Sanctions - It also happens outside of Vegas

Former Las Vegas Bankruptcy Judge Bruce Markell was well known for several epic decisions pertaining to sanctions.  However, as indicated in the recent Circuit decisions, he is not the only judge who has sanctioned contemptuous conduct.

The Fifth Circuit in (In re Moteagudo - 7-18-13) recently upheld Bankruptcy Judge Isgur decision in sanctioning an attorney for his refusal to comply with his routine violations of Rule 9 (a creditors attorney who refused to plead fraud with particularity,....the bankruptcy court ordered the attorney to file his "sanction" order in every adversary case he filed). 

On July 19, 2013, the Eighth Circuit in Isaacson v. Manty - (Case No. 12-2384), upheld Bankruptcy Judge Dreher's decision to sanction an individual for calling the bankruptcy judge a "black-robed bigot" and other unflattering remarks.  The Court issued a show cause order as to why the individual should not be sanctioned $500.00 for each comment and when she failed to appear, the Court made a variety of findings and sanctioned her a total of $5,000.00 ($500.00 per statement).    

Both cases are an interesting read....

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