A.M. Janus, Inc. v. BMA/WS

This appeal arises from the bankruptcy courts denial of motions to assess attorneys fees and costs against debtors who filed false affidavits in opposition to summary judgment and the district courts affirmance of that denial. We determine that a violation of Bankruptcy Rule 9011 requires the imposition of an appropriate sanction and that Bankruptcy Rule 7056 requires the imposition of fees and costs associated with bad faith litigation. Thus, we will reverse and remand for the imposition of sanctions and an award of fees and costs.