Oveda Vernet Hancock

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
OVEDA VERNET HANCOCK,
Debtor.
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Case No. 09-01113
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE MOTION FOR SANCTIONS
The debtor and her attorney were required to attend the
meeting of creditors (unless the debtor had moved to dismiss the
case beforehand). 	Thomas C. Willcox’s motion for sanctions is
unopposed. 	Accordingly, no good cause has been shown for failure
of the debtor and her attorney to attend the meeting. 	It may be
inferred that they acted in bad faith. 	The case has been
dismissed with prejudice for five years based on abusive serial
filings by the debtor and her brother (a co-owner and co-
obligor), and the failure to appear at the meeting of creditors
appears to be part of that pattern of abuse. 	It is appropriate
to impose as a sanction the attorney’s fees incurred by Willcox,
a member of the bar representing himself, in attending the
meeting of creditors, and prosecuting his motion for sanctions.
The document below is hereby signed.
Signed: March 07, 2010.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-01113 Doc 46 Filed 03/08/10 Entered 03/08/10 16:03:02 Desc Main
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2	O:\TEEL\Judge Temp Docs\Hancock (Oveda) Mem Decsn re Sanctions Mtn.wpd
In re Cochener, 360 B.R. 542 (Bankr. S.D. Tex. 2007); In re
Pocono Truck Wash, Inc., 206 B.R. 352 (Bankr. M.D. Pa. 1996); In
re Crabtree, 39 B.R. 702 (Bankr. E.D. Tenn. 1984). 	See also In
re Dinova, 212 B.R. 437, 444 (2d Cir. B.A.P. 1997).
The court will allow $894.00 of the attorney’s fees sought
by Willcox as sanctions against the debtor and her attorney,
jointly and severally. 	The $894.0 amount results from:
• 	disallowing, first, the time spent preparing for the
meeting of creditors: Willcox had no assurance that the
debtor would not decide to exercise her right 	prior to
the meeting of creditors to move for a dismissal of the
case as a matter of right;
• 	disallowing, second, the one-half hour of time spent
waiting before the scheduled 10:00 a.m. start of the
meeting of creditors; and
• 	allowing the one-half hour spent attending the hearing
on the motion that was not included in Willcox’s
original tally of time.
An order follows.
[Signed and dated above.]
Copies to:
Debtor; debtor's attorney; Thomas C. Willcox, Esq.; trustee.
Case 09-01113 Doc 46 Filed 03/08/10 Entered 03/08/10 16:03:02 Desc Main
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