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IN RE REX MONTIS SILVER CO.

No. 95-4017.

87 F.3d 435 (1996)

In re REX MONTIS SILVER COMPANY, Debtor. Dr. Harold MASUNAGA; Yukio Ayabe; The Estate of Marian Harada; Resource Concepts, Inc.; Telegraph Gold Corporation, in its own capacity and as the Assignee of Claims of Dr. George Pingree; Interphase Corporation; Cascade Energy & Metals Corporation; Scott Broadhead; Delano S. Findlay, and Richard N. Bigelow, Appellant, v. Herbert W. STOLTENBERG, H.E. Moses, Edwin Stoltenberg, Chris Waugh, Sam Harmatz, Bernard Hodowski, Patricia Stoltenberg, Delford R. Ashley, Sam Hambarian, Alyce Hambarian, Lionel Ascher, A.C. Nejedly, Grace V. Duncan, Elliot Weinberg, Rosalie Donahey, Appellees.

United States Court of Appeals, Tenth Circuit.

June 27, 1996.

Attorney(s) appearing for the Case

Delano S. Findlay, Salt Lake City, Utah, for Appellant.

Gerald H. Suniville (Eric C. Olson, with him on the brief), Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, for Appellees.

Before SEYMOUR, Chief Judge, and BARRETT and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

An attorney appeals from the district court's affirmance of the bankruptcy court's imposition of sanctions on the appellant for violation of Bankruptcy Rule 9011. The bankruptcy court found that attorney Bigelow violated Rule 9011 by proposing a nominee for permanent trustee in a Chapter 7 bankruptcy proceeding and voting on behalf of his clients for that person. The court found that Bigelow knew or reasonably should have known that his clients...

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