Legal Opinion

Shalaby v. Mansdorf (In Re Nakhuda)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 4, 2016No. BAP NC-15-1149-JuKuW; Bk. 14-41156-RLEPublishedCited by 25 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge:

The bankruptcy court issued an Order to Show Cause (OSC) directing Andrew W. Shalaby (Shalaby), the attorney for chapter 7 1 debtor Farouk E. Nakhuda, to show cause why he should not be required to disgorge fees he had been paid and sanctioned for violations of Rule 9011. After a hearing, the bankruptcy court issued a Memorandum Decision finding that Shalaby asserted numerous positions in filed documents without an adequate basis in law or fact. As a result, the court imposed sanctions consisting of: (1) non-compensatory monetary sanction for $8,000 payable to…

2Cases cited22 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. Smith v. MarshCourt of Appeals for the Ninth Circuit · 1999
  4. Richard L. Zaldivar v. City of Los Angeles, and Margaret Salazar, Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1986
  5. Shanks v. DresselCourt of Appeals for the Ninth Circuit · 2008

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3Cited by25 opinions

  1. In re D'ArataUnited States Bankruptcy Court, S.D. New York · 2018
  2. In re KlitschUnited States Bankruptcy Court, M.D. Pennsylvania · 2018
  3. In re BealeUnited States Bankruptcy Court, E.D. Virginia · 2016
  4. Andrew Shalaby v. Executive Committee of the UniCourt of Appeals for the Seventh Circuit · 2019
  5. Andrew Shalaby v. Executive Committee of the UniCourt of Appeals for the Seventh Circuit · 2019

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

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