Legal Opinion

Winterton v. Humitech of Northern California, LLC (In Re Blue Pine Group, Inc.)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 31, 2011No. BAP No. NV-10-1412-HJoJu. Bankruptcy No. 09-13274PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HOLLOWELL, Bankruptcy Judge.

David J. Winterton and his law firm, David J. Winterton & Associates, Ltd. (collectively, Winterton) appeal the bankruptcy court’s imposition of $109,528 in sanctions against him for violating Rule 9011 by filing a corporate bankruptcy without proper authorization, failing to conduct a reasonable inquiry into his client’s corporate affairs, and, after being put on notice that he lacked proper authorization, continuing to advocate the improper filing. We AFFIRM.

I. FACTS

A. Blue Pine Group, Inc.’s Corporate Formation

Blue Pine Group, Inc. (Blue Pine) was formed…

2Cases cited20 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  4. Townsend v. Holman Consulting Corp.Court of Appeals for the Ninth Circuit · 1990
  5. Archdiocese of Milwaukee Supporting Fund, Inc. v. Mercury Interactive Corp.Court of Appeals for the Ninth Circuit · 2010

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3Cited by8 opinions

  1. In Re SpickelmierUnited States Bankruptcy Court, D. Nevada · 2012
  2. In Re SchivoUnited States Bankruptcy Court, D. Nevada · 2011
  3. Robinson v. Lawrence (In re Lawrence)United States Bankruptcy Court, E.D. California · 2013
  4. In re SmithUnited States Bankruptcy Court, D. Nevada · 2011
  5. BCB Contracting Services, LLCUnited States Bankruptcy Court, D. Arizona · 2021

3 more not listed; retrieve them via the Exa API.

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