Robinson

Robinson v. Cigna Employee Benefits Services Inc.

Good Law
36 F. App'x 329
United States Court of Appeals for the Ninth CircuitJune 7, 2002No. 01-55868; D.C. No. CV-00-11970-MLRCalifornia479 words

Opinion

Lead Opinion

MEMORANDUM **

Dr. Harrell Robinson and his attorney, Roy Dickson, appeal an award of sanctions *330 for misconduct and bad faith in connection with the filing and prosecution of Robinson’s 1999 bankruptcy petition. We affirm. Because the parties are familiar with the factual and procedural history, we do not recount it here.

I

The bankruptcy court’s factual findings are supported by the record and are not clearly erroneous. See In re Levander, 180 F.3d 1114, 1118 (9th Cir.1999). Robinson admitted that he filed the bankruptcy petition in an effort to save his home from foreclosure, and that he did not intend to make arrangements to satisfy Cigna’s claims against him in the bankruptcy. Robinson had filed two previous personal bankruptcies, one of which was still pending at the time of his filing in this case, and Dickson was Robinson’s attorney for each of those bankruptcy filings.

The court’s finding that Robinson engaged in a pattern of bad faith conduct because he repeatedly failed to comply with bankruptcy disclosure and scheduling requirements also was not clearly erroneous. A review of the record supports the court’s factual findings that Robinson failed to disclose his…

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