Hoover v. Harrington

550 B.R. 651, 2015 U.S. Dist. LEXIS 113829, 61 Bankr. Ct. Dec. (CRR) 125
CourtDistrict Court, D. Massachusetts
DecidedAugust 27, 2015
DocketCiv. Act. No. 14-40142-TSH; Case No. 14-40478-MSH
StatusPublished

This text of 550 B.R. 651 (Hoover v. Harrington) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoover v. Harrington, 550 B.R. 651, 2015 U.S. Dist. LEXIS 113829, 61 Bankr. Ct. Dec. (CRR) 125 (D. Mass. 2015).

Opinion

MEMORANDUM AND ORDER ON APPEAL FROM BANKRUPTCY COURT

HILLMAN, DISTRICT JUDGE

Debtor John E. Hoover, III and Attorney David G. Baker (“Appellants”) appeal an order of the United States Bankruptcy Court for the District of Massachusetts sanctioning Attorney Baker under Fed. R. Bankr. P. 9011. For the following reasons, the order of the Bankruptcy Court is affirmed.

Background

Debtor John E. Hoover, III (“Hoover”) owns Halloween Costume World, a costume business. On March 15, 2014, Hoover filed a voluntary petition for bankruptcy relief under Chapter 11 of the U.S. Bankruptcy Code. See Voluntary Petition, Bankr. Case No. 14-40478, Docket Entry No. 1 (hereinafter “Bankruptcy Court Docket, Entry No__”).

On June 2, 2014, U.S. Bankruptcy Court Judge Melvin Hoffman ordered Hoover’s counsel, Attorney David Baker, to show cause why he should not be sanctioned for violating Rule 9011(b)(2) in two filings in the bankruptcy proceedings. See Show Cause Order, Bankruptcy Court Docket, Entry No. 84. Following the show-cause hearing, Judge Hoffman found that Baker violated Rule 9011(b)(2) by: (1) misstating a prevailing -legal standard in the debtor’s motion for sanctions against Bank of America; and (2) misquoting a statutory definition of “cash collateral” in the debt- or’s objection to the U.S. Trustee’s motion to convert or dismiss the case. See Sanctions Order, Bankruptcy Court Docket, Entry No. 148. Specifically, Judge Hoffman found that Baker’s representations “crossed the line separating good faith legal argument from the flagrantly improper.” Id. at 5. Observing that Baker had been subject to Rule 9011 sanctions before for similar misconduct, and that Baker had not been deterred by monetary fines, Judge Hoffman ordered Baker to “enroll in and attend in person (not online) a one semester, minimum three-credit hour class on legal ethics or professional responsibility in an ABA accredited law school.” Id. at 7. Baker filed a notice of appeal of the sanctions order on August 20, 2014.

Discussion

Standard of Review

This Court reviews a bankruptcy court’s legal conclusions de novo, and findings of fact for clear error. See Palmacci v. Umpierrez, 121 F.3d 781, 785 (1st Cir.1997). “All aspects of the bankruptcy court’s Rule 9011 determination are subject to an abuse of discretion stan[653]*653dard.” In re 1095 Commonwealth Corp., 236 B.R. 530, 535 (D.Mass.1999) (observing that “the abuse of discretion standard is ‘indistinguishable’ from the clearly erroneous standard.”). Appellate review of a sanctions order is deferential because “the decision about whether a litigant’s (or lawyer’s) actions merit the imposition of sanctions is heavily dependent upon the [trial] court’s firsthand knowledge of the case and its nuances.” Navarro-Ayala v. Nunez, 968 F.2d 1421, 1425 (1st Cir.1992). Thus, a party appealing a sanctions order “bears a formidable burden in attempting to convince the [reviewing court]” that the trial court erred. Id.

Analysis

Judge Hoffman sanctioned Mr. Baker for two misrepresentations of legal authorities made in the course of Hoover’s bankruptcy proceedings. First, Judge Hoffman found that in the debtor’s motion for sanctions against Bank of America, see Bankruptcy Court Docket, Entry No. 41, Baker misstated the legal standard for when a creditor willfully violates an automatic stay. See Sanctions Order,- at 4. Second, Judge Hoffman found that in the debtor’s objection to the U.S. Trustee’s motion to convert or dismiss, see Bankruptcy Court Docket, Entry No. 30, Baker selectively misquoted the statutory definition of “cash collateral” for his client’s benefit. See Sanctions Order, at 4-5.

This Court has reviewed the filings in the underlying bankruptcy proceedings, the relevant legal authorities, the sanctions order, and the briefs on appeal, and finds that the Bankruptcy Court did not abuse its discretion in sanctioning Mr. Baker. Rule 9011 of the Federal Rules of Bankruptcy Procedure provides:

(b) Representations to the Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a petition, pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,-
(2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of a new law.
(c) Sanctions'. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may ... impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.

Fed. R. Bankr. P. 9011 (b) & (c). An argument “is not warranted by existing law if it is based on legal theories that are plainly foreclosed by well-established legal principles and authoritative precedent, unless the pleading plainly argues for a reversal or change of law and presents a nonfrivolous argument to support that position.” In re CK Liquidation Corp., 321 B.R. 355, 362 (1st Cir. BAP 2005) (emphasis added). Furthermore, “[a]n argument for an extension or modification of existing law is frivolous if no reasonable argument can be advanced.” Id. at 364.

With respect to the first ground for sanctions, Baker does not dispute that paragraph 8 of the debtor’s motion for sanctions against Bank of America misstates the law regarding the standard for [654]*654willful violations of an automatic stay.1 Instead, he argues on appeal that the Bankruptcy Court ignored paragraph 9 of his motion, which makes a nonfrivolous argument for the extension or modification of existing law. Paragraph 9, in its entirety, réads:

9. The cases cited in the previous paragraph held, in essence, that a single continuance of a foreclosure sale is not a stay violation so long as the creditor seeks relief from the stay prior to the sale date. However, Judge Hillman’s holding in Heron Pond was based on “the obscurity of the prevailing legal rule (at least prior to this decision)”. That decision was about 13 years ago, and the Lynn-Weaver decision was 6 years ago. The “prevailing legal rule” is no longer obscure. See also In re Derringer, 375 B.R. 903 (10th Cir. BAP 2007).

See Motion for Sanctions Against Bank of America, Bankruptcy Court Docket, Entry No. 41, at ¶ 9. This language is a description of what Mr. Baker was representing to be existing law.

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Related

Palmacci v. Umpierrez
121 F.3d 781 (First Circuit, 1997)
Roberto Navarro-Ayala v. Jose A. Nunez
968 F.2d 1421 (First Circuit, 1992)
White v. Burdick (In Re CK Liquidation Corp.)
11 A.L.R. Fed. 2d 901 (First Circuit, 2005)
Hart v. GMAC Mortgage Corp. (In Re Hart)
246 B.R. 709 (D. Massachusetts, 2000)
In Re Heron Pond, LLC
258 B.R. 529 (D. Massachusetts, 2001)
Chapel v. Derringer (In Re Derringer)
375 B.R. 903 (Tenth Circuit, 2007)

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Bluebook (online)
550 B.R. 651, 2015 U.S. Dist. LEXIS 113829, 61 Bankr. Ct. Dec. (CRR) 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoover-v-harrington-mad-2015.