Rambo, Rambo, Rambo.
Two dairy farmers, husband and wife, filed a chapter 12 bankruptcy case after their efforts to expand their milking operations — with a new bank loan — proved unsuccessful. They worked out a reorganization plan, which the bankruptcy court confirmed, but later decided to dismiss, which they had an unwaivable right to do. The bankruptcy court granted dismissal but kept the terms of the plan in place, finding "cause" for refusing to undo the deal the farmers cut with the bank. The district court reversed, but the Seventh Circuit reinstated the bankruptcy court's decision, holding that it didn't abuse its discretion. Wiese v. Community Bank of Central Wisconsin (In re Wiese), No. 07-3753 (7th Cir. Jan. 8, 2009).
The Wieses thus lost the appeal, in the course of which they demanded sanctions against the bank for lying and other misconduct. The Seventh Circuit had this to say in rejecting the Wieses' petition:
We take a moment to comment on the tone of the Wieses' brief, which was often inappropriate. The Wieses complained ad nauseum that the Bank's appeal was frivolous — nine times in the merits brief alone (and many more times in the motion for sanctions) — and suggesting that the Bank was "obstinately" refusing to dismiss its appeal. Appellee Br. 4. The Wieses repeatedly accused the Bank of intentionally distorting the district court's opinion in an attempt to deceive and manipulate this court and "manufacture" issues for appeal. Id. at 12, 15. Finally, the Wieses demanded that we put an end to the Bank's "tactics of delay and saddling the Wieses with the unnecessary expense of briefing these arguments." Id. at 7. The Wieses' motion for sanctions contains similar unfounded accusations. There is a difference between zealously advocating for one's clients and unnecessarily disparaging opposing counsel. The Wieses' counsel is advised to revisit the Standards for Professional Conduct within the Seventh Federal Judicial Circuit, available at http://www.ca7.gov/Rules/rules.htm#standards.
Wiese, slip op. at 13-14 (emphasis added).
