In Re Bost

341 B.R. 666, 2006 Bankr. LEXIS 747, 2006 WL 1223126
CourtUnited States Bankruptcy Court, E.D. Arkansas
DecidedApril 26, 2006
Docket4:05-BK-28537 E, 4:05-BK-28569 E, 4:05-BK-28274 E, 4:05-BK-28500 E, 4:05-BK-28229 E, 4:05-BK-28435 E, 4:05-BK-28451 E, 4:05-BK-18863 E
StatusPublished
Cited by3 cases

This text of 341 B.R. 666 (In Re Bost) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Bost, 341 B.R. 666, 2006 Bankr. LEXIS 747, 2006 WL 1223126 (Ark. 2006).

Opinion

MEMORANDUM OPINION AND ORDER IMPOSING SANCTIONS ON DEBTORS’ COUNSEL

AUDREY R. EVANS, Bankruptcy Judge.

Now before the Court is the Court’s Order to Show Cause Why Debtors’ Counsel Should Not Be Sanctioned (the “Order to Show Cause”) which came on for hearing on February 7, 2006 (the “Show Cause Hearing”). This Order was sent to all Debtors whose case was the subject of the Order. Debtors were invited, but not required to attend. Appearing at the hearing were Mr. Norman Angeleri on his own behalf; Mr. Jim Hollis on behalf of the United States Trustee (the “Trustee”); Ms. Janice Tittle, debtor; Ms. Danielle Freeman, debtor; and Mr. Myreon Slater, debtor. At the Show Cause Hearing, Mr. Angeleri was required to show cause why he should not be sanctioned under Federal Rule of Bankruptcy Procedure 9011, the Court’s inherit power to sanction, 1 and/or *668 the Court’s powers to prevent bankruptcy abuses under 11 U.S.C. § 105(a) for his repeated practice of filing incomplete bankruptcy petitions and pleadings in this Court. The Order to Show Cause included the following chart illustrating a sampling of the errors and omissions Mr. Angeleri had made, which had been brought to the Court’s attention at that time. The Court notes that many other cases which were filed by Mr. Angeleri have since been brought to the Court’s attention, but at the time the Order to Show Cause was entered, these were the cases with the most glaring deficiencies.

Case Name Number Date Filed Deficiency Resolution

Bost, Mary 05-bk-28537 10/16/05 Schedules were for Case Dismissed different debtors. 01/05/06 following attorney’s failure to show cause in accordance with 12/14/05 Order to Show Cause.

Schedules corrected and Motion to Reinstate filed and noticed out on 1/16/06.

Ellis, Lisa & 05-bk-28569 10/16/05 Christopher Petition not signed by attorney or debtors, and filed for spouse without authority. Signatures received 12/13/05, almost two months after petition filed. Non-filing spouse subsequently dismissed.

Freeman,' Danielle 05-bk~28274 10/16/05 Notice & Opportunity to Object to a Motion to Reinstate not signed by attorney. Case dismissed 10/27/05. Signed Notice & Opportunity to Object submitted; case reinstated on 12/19/05.

Hanbrick, Lindsey 05-bk-28500 10/16/05 Failure to upload creditors into system. Case dismissed 11/14/05. Creditors added, and signed Notice & Opportunity to Object submitted. Order reinstating case entered 1/12/06.

Hardcastle, Kristen 05-bk-28229 10/19/05 Notice & Opportunity to Object to a Motion to Reinstate not signed by attorney. Case dismissed 10/26/05. Signed Notice & Opportunity to Object to a Motion to Reinstate submitted; attorney ordered to submit proposed order reinstating case on 12/21/05. Order reinstating case entered 1/12/06.

*669 Kelley, Karry 05-bk-28435 10/16/05 and Deanna Schedules and statements were not signed by the Debtors or Debtors’ counsel. Order to Show Cause why case should not be dismissed for failure to cure deficiencies issued on 01/09/06.

Slater, Myreon 05-bk-28451 10/16/05 Notice & Opportunity to Object to a Motion to Reinstate not signed by attorney and providing incorrect response time. Case Dismissed 10/28/05. Order to Show Cause why Motion to Reinstate should not be denied for failure to prosecute issued on 12/19/05, giving Debtor’s counsel 10 days in which to show cause. No response was timely filed.

Tittle, Janice 05-bk-18863 07/11/05 Notice & Opportunity to Object to a Motion to Reinstate not signed by attorney and providing incorrect response time Case Dismissed 10/26/05. Order to Show Cause why Motion to Reinstate should not be denied for failure to prosecute issued on 12/21/05. Signed Notice & Opportunity to Object with appropriate response time filed on 12/28/05.

Following testimony of Mr. Angeleri, Ms. Tittle, Ms. Freeman, and Mr. Slater, and the argument presented by Mr. Hollis, the Court ruled that Mr. Angeleri would be ordered to disgorge all fees paid him by the debtors in the cases which were the subject of the Court’s Order to Show Cause, and further stated that a transcript of the hearing would be ordered and turned over to the Arkansas Supreme Court’s Committee on Professional Conduct in accordance with Local Rule 2090-2 of the United States Bankruptcy Court for the Eastern and Western Districts of Arkansas. The Court took under advisement whether or not to issue further sanctions against Mr. Angeleri. This Court has jurisdiction over these proceedings pursuant to 28 U.S.C. § 1334(b).

INTRODUCTION

There are three distinct sections in this Opinion. First, the Opinion sets forth a summary of the testimony and statements made at the Show Cause Hearing. Next, the Opinion provides a detailed narrative of each case (pp. 14 to 42). The detailed narrative is taken from the docket of each case, and when combined with the statements and testimony given at the Show Cause Hearing, provides all the facts taken into consideration by the Court. The case narratives are presented without analysis. It is not until the third section titled “Sanctions” that the Court provides analysis of the very technical and complex facts which are the basis for the sanctions imposed against Mr. Angeleri.

*670 THE SHOW CAUSE HEARING-SUMMARY OF TESTIMONY

At the Show Cause Hearing, the Court read its Order to Show Cause into the record, and invited Mr. Angeleri and Mr. Hollis to respond. Following their responses, the debtors who attended were invited to make statements. The Court swore in Mr. Angeleri and each debtor. A summary of their testimony and Mr. Hollis’ statement on behalf of the United States Trustee follows.

Norm Angeleri’s Testimony

Mr. Angeleri explained that he passed the bar three years ago, but only started practicing law this past summer, and he has never practiced with another attorney. He said that he did not expect the large response of bankruptcy clients before the bankruptcy laws changed on October 17, 2005 (the effective date for most provisions enacted by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”)). Mr. Angeleri had advertised on a billboard and received a “massive response” from that. Mr. Angeleri stated that being new and hungry for business, he thought he could handle it. He said he had relatively few problems the first five or six weeks before the filing rush which occurred two or so weeks before the new law came into effect. Mr. Angeleri hired a staff person who had four years experience with an attorney in Conway. According to Mr. Angeleri, this person had experience filing one or two cases a week, and due to the large number of cases he was filing, mistakes ensued. He said he believes he filed approximately 107 bankruptcy petitions the last weekend and a total of 150 bankruptcy petitions the last two weeks before October 17, 2005. Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
341 B.R. 666, 2006 Bankr. LEXIS 747, 2006 WL 1223126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bost-areb-2006.