Bankr. No.:
89-50106
Chapter:
7
Date of Decision:
April 27, 1990
Issue:
(1) Whether attorney's and debtor's conduct throughout the pendency of the Chapter 7 case warranted award of sanctions against them. (2) Whether attorney's fees should be awarded and in what amount.
Ruling:
(1) Sanctions against debtor under BR 7037 are proper due to the debtor's efforts to hinder discovery. (2) Sanctions against debtor's attorney under BR 7037 or 9011 would not be allowed, as sanctionable conduct was only that of the debtor and the attorney was not inculpated. (3) Attorney's fees and costs would be reduced to provide compensation only until the time that the attorney knew or should have known that conversion to Chapter 7 was inevitable. Cited at 114 B.R. 672 (Bkrtcy. D.S.D. 1990).
Full Bankruptcy Court Decision:
