United States District Court, E.D. Michigan, Southern Division
STEPHEN J. MURPHY, III
OPINION AND ORDER AFFIRMING THE BANKRUPTCY
COURT'S DECISION AND REQUIRING DEBTOR-APPELLANT TO SHOW
CAUSE WHY HE SHOULD NOT BE SANCTIONED UNDER FRBP
STEPHEN J. MURPHY, III United States District Judge
Mark Chaban yet again appeals a decision of the United States
Bankruptcy Court for the Eastern District of
Michigan. The Court has jurisdiction to hear the
appeal under 28 U.S.C. § 158(a). The Court will affirm
the bankruptcy court's decision.
instant dispute traces back to two state trial court
sanctions judgments issued against Chaban. See ECF
8, PgID 76-82, 140-43; see also Chaban v. Rathore,
No. 308326, 2013 WL 6124250 (Mich. Ct. App. Nov. 21, 2013)
(Michigan Court of Appeals opinion upholding sanctions
order). Chaban filed a personal Chapter 7 bankruptcy
petition, and creditor Fred Freeman filed an adversary
proceeding to dispute the dischargeability of one of the
judgments. See Case No. 14-bk-05126. Bankruptcy
Judge Walter Shapero ruled that the debt was
non-dischargeable under 11 U.S.C. § 523(a)(6), ECF 4,
PgID 49-50. Freeman and another creditor, Bob Woodward,
attempted to file Proofs of Claim against the bankruptcy
estate. Chaban objected to the claims as incomplete, and
Judge Shapero held a hearing, which included the following
MR. FREEMAN: [M]ay I be granted time to file an -- an amended
claim since I did file the judgment with it at that time. But
it's up to the Court what the Court wants to do
obviously. But I'd ask for time to amend. I did file
something because there's a claim.
THE COURT: Yes, that's true. But that's under the ECF
procedures you filled out something, but that's not the
proof of claim.
MR. FREEMAN: Very well. I'd ask the Court for time to
allow me to do it properly.
THE COURT: I'm going to sustain the objection to the
claim. If you -- if you want to file something else -- MR.
FREEMAN: I do.
THE COURT: Subject to any further objection Mr. Chaban might
assert to what you file, that's -- and then we'll
deal with that at that time.
MR. FREEMAN: I understand.
THE COURT: And then I'll give you how much time do you
want to do that?
MR. FREEMAN: I would just need seven days.
THE COURT: All right.
* * *
MR. HILL [representing Woodward]: . . . I'm asking the
Court for some additional time, seven ...