DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171143P.pdf 04/25/2018 Ross Briggs v. Hon. Charles Rendlen
U.S. Court of Appeals Case No: 17-1143
and No: 18-1169
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Benton, Author, with Wollman and Colloton, Circuit Judges]
Civil case - Bankruptcy. The bankruptcy court had authority to impose
discipline on Briggs after he failed to comply with an order directing him
to provide information in connection with the bankruptcy trustee's
attempts to obtain an order disgorging attorneys' fees in Chapter 11
cases; the record supported the bankruptcy court's determination that
Briggs was in contempt of the court's orders where he made no attempt to
comply with the court's directive that he seek documents and information
for his clients and was given multiple opportunities to comply with the
court's orders; while the court erred in sanctioning Briggs for
deliberately misleading the court because it based that conclusion on
disputed questions of fact without holding an evidentiary hearing, the
error does not compel remand because this was only one of the two
independent bases for the court's sanction order and the other basis has
been affirmed; where Rule V of the district court's disciplinary rules
permit the court to refer a disciplinary matter to appointed counsel for
investigation and prosecution, the rule does not require the court to use
the process, and failure to use the process in not a due process
violation; neither Local Rule 2094(B) nor Rule VII of the district court's
disciplinary rules provide a basis for the bankruptcy court's chief judge
to hear Briggs's reinstatement motion; nor does Rule VII provide a basis
for the district court's chief judge to resolve the motion.