United States First Circuit

In a creditor's appeal from a $250,000 sanction issued sua sponte by the bankruptcy court, the sanction is reduced to $5,000 where: 1) nothing indicated that creditor's claim that it was the holder of the mortgage at issue was a deliberate falsehood or intended in any way to mislead the court or debtor or achieve anything for creditor; and 2) the bankruptcy court did not identify any actual prejudice from the inaccurate claim of holder status.

Appellate Information

• Decided 06/15/2010
• Published 06/15/2010

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, Circuit Judge, SOUTER,Associate Justice, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• William F. Sheehan with whom Daniel M. Glosband, Richard A. Oetheimer and Goodwin Procter LLP were on brief for appellant.