Berliner v. Kusek (In re Kusek)

HAINES, Bankruptcy Judge.

Before us is Lisa Kusek’s appeal from the bankruptcy court’s order denying her motion for sanctions against Thomas Ku-sek’s attorney, L. Jed Berliner. Attorney Berliner, in turn, asks us to sanction Lisa for prosecuting a frivolous appeal.

We conclude that the bankruptcy court acted within its discretion in denying Lisa’s motion for sanctions. We do not accept her protest that the court’s refusal to hear the motion and to enter findings makes remand essential. We also conclude that Attorney Berliner’s motion for sanctions is denied.

BACKGROUND

Thomas filed a petition for…