Vivian Marie Cole
Opinion
Trial Court Opinion
POSTED TO THE WEBSITE NOT FOR PUBLICATION 3 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA 6 In re: Case No. 24-21359-A-7 VIVIAN COLE,
FEC-
9 Debtor. MEMORANDUM 11
16 Submitted on June 17, 2024 17 at Sacramento, California 18 Honorable Fredrick E. Clement, Bankruptcy Judge Presiding
20 Appearances: None 21 22
24 25 26 27 Rule 9011(b)(1) prohibits filing bankruptcy for an “improper purpose,” including “to cause unnecessary delay.” Attorney Joseph Sandbank filed sequential skeletal Chapter 7 petitions for husband and for wife, invoking the stay. 11 U.S.C. § 362(a). Each case was later dismissed by the Clerk for failure to file the schedules and statements. Sandbank charged each debtor $150. At the time of filing, did Sandbank intend to prosecute each case to conclusion? I. FACTS Stephen Cole and Vivian Cole are husband and wife. Respondent Joseph Sandbank (“Sandbank”) is an attorney at law; Sandbank represented each of the Coles in separate Chapter 7…