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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Bankruptcy : Sanctions – Spoliation

Bankruptcy : Sanctions – Spoliation

Where an attorney in a bankruptcy case who was ordered to disgorge fees and sanctioned argued that the trustee also should have been sanctioned for destruction of evidence, the bankruptcy court did not abuse its discretion in denying the attorney’s motion to dismiss because sanctions against the trustee were not proper without a finding that she destroyed evidence in bad faith, and the bankruptcy judge did not err in concluding that the attorney was subject to sanctions for his conduct.

Judgment is affirmed.

Bisges v. Gargula (MLW No. 67063/Case No. 13-3039 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, Western District of Missouri, Sachs, J. (Matthew G. Koehler, T. Michael Ward and Samuel John Vincent III, St. Louis, argued for appellant) (P. Matthew Sutko, Wendy Cox and Adam E. Miller argued for appellee).

Read the full text of this opinion. (PDF)