Opinion
Case No. 02-16172 Jointly Administered, Case No. 1:07-CV-00150.
August 16, 2007
MEMORANDUM ORDER
Appellant William Maloof ("Maloof") appeals the December 7, 2006 order of the bankruptcy court granting in part appellee Level Propane Gases, Inc.'s ("Debtor") motion for sanctions. Debtor's motion concerned a pattern of vexatious litigation on the part of Maloof before the bankruptcy court since at least January 2006. Maloof's record of vexatious, meritless litigation is not limited to the bankruptcy court, however. This court has had to resolve numerous appeals, adversary proceedings and civil actions brought by Maloof.
On appeal, this court generally reviews the bankruptcy court's findings of fact only for clear error, giving deference to the bankruptcy court's factual findings. Fed.R.Bankr.P. 8013; Boone Coal Timber Co. v. Polan, 787 F.2d 1056, 1062 (6th Cir. 1986). The bankruptcy court's conclusions of law are subject to de novo review. Polan, 787 F.2d at 1062. However, the bankruptcy court's decision to sanction litigants before it is reviewed under the deferential "abuse of discretion" standard. In re Downs, 103 F.3d 472, 480 (6th Cir. 1996) (citations omitted). This court will reverse only if the bankruptcy court "`relie[d] upon clearly erroneous findings of fact or when it improperly applie[d] the law or use[d] an erroneous legal standard.'" Id. at 480-81 (citations omitted). After reviewing the parties' briefs and the record below, the court finds that the bankruptcy court did not abuse its discretion in granting sanctions against Maloof, under both Federal Rule of Bankruptcy Procedure 9011 and 28 U.S.C. § 1927. The court therefore affirms the bankruptcy court's December 7, 2006 order and dismisses this case.
This order is final and appealable.
IT IS SO ORDERED.