[CLBS] Rudy Giuliani in Bankruptcy robes?

[Jeremy Gugino]

Folks:

 

If you haven't read the written decisions page in a while, the last five are
worth a look.  In less than three months, the judges have found two sets of
debtors committed fraud in different contexts (Preuit, Bailey), another was
found in contempt of court (Wallace), and a BPP was fined (Jenkins).  The
fifth (Hoyle) had nothing to do with fraud or contempt, but the language of
the decision suggests it is a harbinger of things to come.  This does not
include an oral decision by Judge Pappas in late May in In re Clark in which
he found the debtor had committed fraud in connection with a chapter 12
case.  In my six years as a trustee I can't remember a string of decisions
like this - certainly not back-to-back-to-back-to-back-to-back-to back.
Maybe it is just coincidence, but it should also be cause for concern for
debtor's attorneys and their clients - the judges are showing little
tolerance for those who do not follow the rules.  Like I said, maybe this is
just coincidence, maybe this has always been the case, or maybe the judges
are taking the proverbial "tough on crime" stance in the Bankruptcy Court.
Either way, this succession of decisions is certainly worth noting in my
opinion.

 

Jeremy