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Law Offices of Michael E. Douglas
P.O. Box 251551
Woodbury, Minnesota 55125-6551

 Saint Paul Lawyer


Lewellen v. Wildlife Farms II, LLC: BANKRUPTCY | ATTORNEY - Rule 9011 k sanctions against attorney

1 The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota, sitting by designation.
2 The Honorable James G. Mixon, United States Bankruptcy Judge for the
Eastern District of Arkansas.
3 The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
United States Court of Appeals
No. 08-2046
Roy C. Lewellen, *
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Wildlife Farms II, LLC, *
et al., *
Appellees. *
Submitted: December 12, 2008
Filed: February 19, 2009
Before LOKEN, Chief Judge, BEAM, Circuit Judge, and KYLE,1 District Judge.
KYLE, District Judge.
Attorney Roy C. Lewellen challenges the bankruptcy courts2 order, and the
district courts3 affirmance thereof, imposing a ,000 sanction against him
4 In re Robinson, 373 B.R. 612 (Bankr. E.D. Ark. 2007).
5 In re Robinson, Nos. 4:07MC00005 JMM, 4:07MC00006 JMM,
4:07CV000489 JMM, 2:07CV000089 JMM, 2:07CV000129 JMM, 2:07CV000130
JMM, 2:07MC000001 JMM, 2:08CV000014 JMM, 2008 WL 1697129 (E.D. Ark.
Apr. 10, 2008).
pursuant to Bankruptcy Rule 9011. The sanction resulted from Lewellens filing
of a Motion for Relief from Stay, which both the bankruptcy court and the district
court found to be legally baseless and filed for the improper purpose of hindering
the sale of land and harassing opposing parties.
After careful review of the proceedings below, including the thorough and
well-reasoned opinions of both the bankruptcy court4 and the district court,5 we
conclude that both the imposition of monetary sanctions and the amount thereof
were warranted by the facts of the case and imposed in compliance with the
applicable legal standards. Accordingly, we affirm. See 8th Cir. R. 47B.


  What day were you injured?

  / /

  What caused your injuries?
Traffic/Bicycle Accident
Work-Related Injury
Wrongful Death
Dog Bite
Slip and Fall

  How have your injuries affected

  your life?


  What kinds of medical care
  professionals have you seen?


  What has your treatment cost?


  Is Insurance Involved?
My insurance may cover

Someone else's insurance
        may cover this.

I already filed a claim.
I rejected a settlement

I accepted a settlement

  Were there any witnesses?
Bystanders Witnessed This.
Police Responded and Filed
        a Police Report

Police Responded but Did
        Not File a Police Report



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Minnesota Law Firm representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims.
Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance.