In the Matter of Edward J. Collins (2024)

Citation: In the Matter of Edward J. Collins (2024)
Parent Document: In the Matter of Edward J. Collins (2024)
Jurisdiction: Massachusetts (state)
Effective Date: 2024-09-20
Original Source: https://www.courtlistener.com/opinion/10281485/in-the-matter-of-edward-j-collins/ ↗

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The respondent asserted these same arguments, among others, in the ongoing bankruptcy proceeding, and in a May 24, 2018, ruling, the bankruptcy judge concluded that the respondent had violated Rule 9011(b) of the Federal Rules of Bankruptcy Procedure by pressing arguments "even in the face of clear law to the contrary" but found "that his subjective belief was that he was correct as a matter of law, even if he could not have competently come to that conclusion."  In the way of sanctions, the judge's order forbade the respondent from "filing any further papers or pleadings in [that] court that contend[ed] or maintain[ed] that the [client] ha[d] any right to the [p]roperty by virtue of her so-called spousal elective share or on any other basis."  The bankruptcy judge did not find that the respondent's "lack of competence" merited sanction under 28 U.S.C. § 1927, but the judge expressly stated that "[b]ased on his written submissions and his oral arguments before the court," the respondent was "simply not, or at least [was] no longer, a competent lawyer."

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