Where a debtor’s attorney frivolously sought to vacate the bankruptcy proceedings years, sanctions are appropriate.
“The motions and appeals filed, many by Stanton, on behalf of Jakich and Dunlap have been not only groundless but also obsessive, a form of harassment, unprofessional, and an abuse of the bankruptcy court, the district court, and this court.
They give new meaning to the word pertinacity. This appeal is the culmination and we trust conclusion of an unedifying saga. The trustee has moved for sanctions under Rule 38 of the appellate rules, which authorizes an award of ‘just damages and single or double costs to the appellee’ if the appeal was frivolous. The appellants have not responded to the motion. We grant it and direct the trustee to submit a request for a specific amount of damages and costs.”
10-3732 In re Golf 225, Inc.
Appeal from the United States District Court for the Southern District of Illinois, Murphy, J., Posner, J.