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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Pursuant to the doctrine of issue preclusion, bar counsel moved to forbid the respondent from challenging the validity of (a) the First Circuit judgment sanctioning him for filing a frivolous appeal, (b) the First Circuit order finding him in contempt, and (c) the order of the bankruptcy court sanctioning him for advancing frivolous arguments.  The respondent opposed these requests.  The board ordered that the respondent was precluded from disputing that he filed a frivolous appeal in the First Circuit and from contesting that he violated Fed. R. A. P. 38 and Bankruptcy Rule 9011(b).  The board also forbade the respondent from arguing his client's purported rights in the property at issue pursuant to the spousal elective share statute and the Homestead Act, which already had been litigated to final judgment.  For his part, the respondent moved for judgment on the pleadings, and his motion was denied.

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