In re Dinubilo

Good Law
1991 WL 330806·139 B.R. 501·1991 Bankr. LEXIS 2056
United States Bankruptcy Court, Eastern District of CaliforniaNovember 7, 1991Bankruptcy No. 190-03254-A-7F; No. MC MTH-2California5,675 words

Opinion

Lead Opinion

Ford, J.

INTRODUCTION

James M. Ford, the Chapter 7 Trustee in this case (no relation to the undersigned), moves to dismiss the United States Trustee’s Motion to remove him as the Chapter trustee. Alternatively, he seeks enforcement of the Court’s Rule 2004 examination order and sanctions for the United States Trustee’s failure to comply with that order. Lastly, Mr. Ford moves for disqualification of certain United States Trustee attorneys.

The United States Trustee’s Office for the Fresno Division filed an opposition to the Trustee’s Motion on July 23, 1991. They oppose all requests for relief by the Chapter trustee.

Having reviewed the evidence submitted herein, and being intimately familiar with these proceedings since their inception, the Court finds and holds that the United States Trustee’s flagrant unprofessional and dilatory conduct warrants dismissal of the United States Trustee’s Motion to remove James M. Ford as the Chapter trustee. Further, monetary sanctions in the amount of $3,871.05 are imposed against the United States Trustee’s Office, as to the Department of Justice. Sanctions are also imposed individually against Mark St. Angelo, Regional Assistant U.S.…

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