- 5 - rules this Court finds that the Debtor is engaged in a scheme of abuse of the bankruptcy process. * * * [In re Anders, No. 98-22461-13, slip op. at 4 (Bankr. Mont. 1998).] The Bankruptcy Court also stated: This Debtor has abused the bankruptcy process for his own benefit without accepting any of the burdens imposed by the Bankruptcy Code and Rules except those he deems advantageous. He has burdened the Court, the Trustee, and his creditors with sham objections and adversary proceedings, which waste their resources while he enjoys the protections of the automatic stay and proceeds as he deems fit. Debtor sued the Bankruptcy Court itself simply for purposes of forum shopping. For Debtor's abuse of the bankruptcy process, he shall not be permitted to enjoy its benefits. * * * [Id. at 11.] On January 15, 1999, this case was scheduled for trial in Helena, Montana, on June 21, 1999. On March 21, 1999, respondent sent petitioner a letter suggesting a telephone conference be held on April 1, 1999, at 9 a.m. to discuss his rescheduled case. On April 1, 1999, petitioner stated that he had retained Attorney Clifton Caughron (Caughron) and that a power of attorney would be provided. On April 6, 1999, respondent sent a second letter to petitioner regarding the need to discuss his rescheduled case. Respondent received the power of attorney for Caughron on April 13, 1999. On April 15, 1999, respondent filed a Motion to Impose Sanctions. On April 19, 1999, the Court issued an order granting respondent's Motion to Impose Sanctions in that petitioner couldPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011