Cruz v. Conseco Finance Servicing Corp. (In Re Crofford)

VENTERS, Bankruptcy Judge.

This is an appeal of an order of the bankruptcy court 1 determining appropriate sanctions on remand. For the reasons stated below, we affirm the bankruptcy court’s order.

I. STANDARD OF REVIEW

The imposition of sanctions involves a consideration of three types of issues: factual, legal, and discretionary. Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 399, 110 S.Ct. 2447, 2457, 110 L.Ed.2d 359 (1990). A court considers factual questions regarding the nature of the attorney’s inquiry prior to filing the pleading and the factual basis for the pleading. Next, the court…