Gootnick Family Trust v. Office of the United States Trustee

MEMORANDUM **

Non-party attorney Wing Chiu Ng appeals pro se from the district court’s judgment affirming the bankruptcy court’s orders sanctioning him, and imposing additional sanctions on appeal. We have jurisdiction under 28 U.S.C. §§ 1291 and 158(d). We review for abuse of discretion the sanctions awards, Miller v. Cardinale (In re DeVille), 361 F.3d 539, 547 (9th Cir.2004), and we affirm.

The bankruptcy court’s determination that Ng acted in bad faith by filing the underlying bankruptcy petition for the sole purpose of obstructing a related civil case was not clear error, and the bankruptcy court therefore did not abuse its discretion in sanctioning Ng. See id. at 543-51 (concluding that bankruptcy court has inherent power to sanction attorney who, in bad faith, files bankruptcy-related notices to delay a state court trial).

The district court did not abuse its discretion in imposing additional sanctions against Ng after finding that his appeal was frivolous and taken in bad faith. The appeal unnecessarily and unreasonably multiplied proceedings and lacked valid legal or factual bases. See Hedges v. Resolution Trust Corp., 32 F.3d 1360, 1364 (9th Cir.1994) (per curiam)…