[We apologize to our original tipster who emailed us a copy of this opinion quite a while back. We were recently reminded about the story by another tipster.]As we have previously noted on WWL, bankruptcy judge Bruce A. Markell does not take kindly to the antics of attorneys. There is, perhaps, no better illustration of this than BAM's (fairly) recent sanctioning of local bankruptcy pin-up boy, Randolph H. Goldberg (whose website strangely links to his DEX yellow pages ad, and if you click on his advertisement in the bottom corner you get the bonus of a 1990's era Glamour Shot photo of him).
BankruptcyProfBlog has a decent summary of the opinion, and it's quite a doozy. The facts are a bit convoluted, but apparently Goldberg was being a naughty boy and filed multiple Chapter 13 petitions for a single debtor (hey, extra fees, who can blame him?).
BAM, however, had none of it. He dropped the hammer on Goldberg and handed down the following sanctions:
- Goldberg received a public reprimand for his conduct in the form of the publication of the opinion of these cases in the West Reporter system, and in any other reporter system generally publishing bankruptcy court opinions.
- Goldberg had to return all fees charged to his client.
- Goldberg was directed to submit a copy of the opinion of this case with every fee application he submits in this district for work done during the two-year period following the date of entry of this opinion. During such period, he was also directed to deliver a copy of the opinion to each client that he files a bankruptcy petition for, once his aggregate billings for that client, for any one case or related matters, exceed $5,000.
- For the two-year period following the date of entry of the opinion of this case, should Goldberg be served with a motion or an order to show cause that seeks, as relief, sanctions for his conduct in a case or proceeding in this court, or in any other state or federal court in Nevada, he shall deliver a copy of the opinion to the person or entity serving him with such motion or order, and shall include a copy of such opinion in any response to such motion or order that is filed with the court.
- To the extent that the client still desired his discharge, Goldberg should pay all costs and expenses, including attorneys' fees, as may be necessary for the client to obtain his discharge.
Ouch! We're curious to know if Goldberg is actually abiding by these sanctions. Does anyone know if he is handing out copies of this opinion to clients, or has his maximum charge for any client changed to $4,999.99?
(BankruptcyProfBlog; Thanks Tipsters!)