Polo Building Group, Inc. v. Rakita (In Re Shubov)

KLEIN, Bankruptcy Judge,

concurring:

I join the majority opinion and write separately for the sake of completeness to note that Civil Rules 26(g) and 37 are other arrows in the sanctions quiver.

In order for these rules to apply in the present instance, however, we would have to conclude that Polo’s motion to compel is, itself, a “contested matter” under Bankruptcy Rule 9014. Fed.R.Bankr.P. 9014, incorporating Fed.R.Bankr.P. 7026-7037.

I

If applicable, Civil Rule 26(g), is another basis for affirming the award. Fed. R.Civ.P. 26(g), incorporated by Fed. R.Bankr.P. 7026. This rule applies in…