Sheridan v. Michels (In Re Sheridan)

With regret, I dissent. The majority decides this case on an argument that Sheridan never raised in the bankruptcy court, in the BAP, or on appeal, and that Sheridan expressly refused to adopt when this court raised it sua sponte and asked for his view. The majority then decides that issue the wrong way. The result is to relegate Sheridan to a new round of litigation in the courts below, more than two *113years after the bankruptcy court suspended him from practice. For Sheridan, this is a pyrrhic victory, and one that he asked us not to give him.19

The principal opinion by Judge Cyr and the…