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Photo of Delaware Business Litigation Report Brett D. Fallon
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Brett D. Fallon has been practicing for over 30 years in the Delaware Bankruptcy Court which makes him an extraordinary repository of knowledge about the Delaware Bankruptcy …

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Brett Fallon and Brenna Dolphin Author Article on Sanctions Published by the American Bankruptcy Institute

Posted In Articles, Bankruptcy

Let’s Ask for Sanctions! (But What Kind?)
Originally published by the American Bankruptcy Institute 2018.

Courts might issue sanctions pursuant to statute,rule of procedure or inherent power, but keep in mind the American Rule: Each party bears its own attorneys’ fees and litigation expenses, and attorneys’ fees are not ordinarily among the costs that a prevailing party might recover. Courts employ narrow exceptions when imposing sanctions, which might properly have a punitive aspect
and compensatory effect. This article will review 28 U.S.C. § 1927, Rule 9011 of the Federal Rules of Bankruptcy Procedure, the inherent-power doctrine and 11 U.S.C. § 105.  Read more.