Legal Opinion
Lafayette v. Collins (In Re Withrow)
Bankruptcy Appellate Panel of the First Circuit
Decided May 26, 2009No. BAP No. MW 08-055. Bankruptcy No. 07-41243-HJBPublishedCited by 29 opinions
1Opinion of the Court
TESTER, U.S. Bankruptcy Appellate Panel Judge.
Francis Lafayette (“Attorney Lafayette”) appeals from the bankruptcy court’s order (the “Sanctions Order”) imposing monetary sanctions against him for violating Bankruptcy Rule 9011 and §§ 707(b)(4)(C) and (D). 1 Attorney Lafayette argues that the alleged errors in the Debtor’s bankruptcy schedules, statement of financial affairs, and other documents were due to the Debtor’s “memory failure” rather than his own actions (or inactions), and, therefore, he did not violate Bankruptcy Rule 9011. For the reasons set forth below, we AFFIRM.
BACKGROUND
Attor…
2Cases cited17 opinions
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
- In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994
- Juan E. Cruz v. Robert Savage, Etc.Court of Appeals for the First Circuit · 1990
- Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
12 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
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- Desiderio v. Parikh (In re Parikh)United States Bankruptcy Court, E.D. New York · 2014
- Dignity Health v. Seare (In re Seare)United States Bankruptcy Court, D. Nevada · 2013
- In re BeinhauerUnited States Bankruptcy Court, E.D. New York · 2017
- In re BradleyUnited States Bankruptcy Court, S.D. Texas · 2013
24 more not listed; retrieve them via the Exa API.