Baker v. Harrington, No. 15-2384 (1st Cir. 2016)Annotate this Case
Appellant, an experienced bankruptcy attorney, represented Debtor, who sought relief under Chapter 11 of the Bankruptcy Code. During the proceedings, Appellant engaged in conduct that caused the bankruptcy court to order Appellant to show cause why he should not be sanctioned under Federal Rule of Bankruptcy Procedure 9011(b)(2). The bankruptcy court subsequently found that Appellant twice described the applicable law in a manner that it deemed to be misleading and imposed a sanction in the form of a non-monetary penalty. The First Circuit affirmed the bankruptcy court’s order imposing a sanction on Appellant, holding that the bankruptcy court did not abuse its discretion in construing Appellant’s submissions as sufficiently misleading so as to warrant a sanction.