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Jane Ann Morrison
Bankruptcy court judge shows little mercy on attorneys
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Yet another Las Vegas bankruptcy attorney has ended up with an official tongue lashing from U.S. Bankruptcy Judge Bruce Markell.
David Winterton joined the growing list of attorneys with whom Markell found fault professionally.
Winterton, a lawyer in Nevada since 1990 and an experienced bankruptcy attorney, received more than stern words and sanctions.
He was fined nearly $110,000, which counts as serious money. That's the amount two other firms had to pay in costs and legal fees to fight Winterton in two courts.
It's an unusual case in that Winterton represented a Nevada corporation called Blue Pine Group, which was owned equally by two other corporations of two people each. All the businesses were commercial refrigeration gasket businesses, and Blue Pine was created to operate in Clark County
Blue Pine's board of directors consisted of the owners of the two corporations, M&G Group Enterprises based in Las Vegas and Humitech of Northern California. Each owned 50 percent of Blue Pine Group.
The board of Blue Pine never authorized Winterton to file a Chapter 7 bankruptcy. And the experienced bankruptcy attorney actually didn't. On March 10, 2009, he filed documents, but not an actual bankruptcy petition.
He filed the documents at the request of M&G owner John Grose, relying on the word of another attorney, Hannah Irsfeld, who also worked for Grose. She told Winterton that Blue Pine had passed the resolution authorizing the bankruptcy filing and she had it. It wasn't true, but Winterton took her word for it and didn't ask to see documents.
Three days later, Humitech's attorney wrote Winterton saying he had no authorization for his actions.
Despite that, four days later, Winterton filed an actual Chapter 7 petition signed by John and Brenda Grose, but not by Humitech's owners, John Pink and Adam Sweeney.
Markell said Winterton shouldn't have relied on the words of his client or even another attorney and should have made sure he had the documents authorizing him to file a bankruptcy.
Essentially, Winterton filed a frivolous claim and cost Humitech $109,528 in legal fees. Winterton's fine will be paid to Humitech.
Markell quoted one of his earlier opinions, saying Winterton, by filing such a frivolous claim, succumbed to a "butler-style" of legal representation where the "sequaciously servile lawyer does whatever the client wants and then cites that client's command as a shield to the improper actions." That style of lawyering has no place in any court, Markell wrote.
"Lawyers are not given the privilege of assuming that their clients or other lawyers are unfailingly truthful."
Markell said Winterton "stubbornly persisted" in his efforts and failed to follow the court's rules, wasting the time of Humitech's attorneys.
Left unsaid was that Winterton also wasted Markell's time.
Winterton isn't the only attorney to be sanctioned by Markell.
Markell sanctioned Randolph Goldberg in April and asked the U.S. attorney's office to consider a possible criminal complaint for forgery of documents. No complaint has been filed against Goldberg in federal court.
The judge also referred Goldberg to the State Bar of Nevada, which currently has 11 pending grievances from the public against him. The grievances are being handled together and have not yet gone before the Bar's screening panel to decide if a complaint should be filed, Assistant Bar Counsel Phil Pattee said.
Markell's opinions put bankruptcy attorneys on notice they must follow the rules of the court or suffer the consequences of a public humiliation, and, in this case, a huge fine.
If the judge frightens attorneys into taking those extra steps to assure everything is done correctly, accurately and ethically, then he protects people who rely on their bankruptcy attorneys to help them, not hurt them.
Jane Ann Morrison's column appears Monday, Thursday and Saturday. E-mail her at Jane@reviewjournal.com or call (702) 383-0275. She also blogs at lvrj.com/blogs/morrison.
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I am overJOYed to hear that snake of an attorney got what he deserved. He represented a case that I was personally involved with and know of his tactics. I thought it was the his clients not knowing what was going on. However, after countless frivolous claims (almost outlandish)...it dawned upon us that it was him. He just racked up the legal bills with each new challenge. Now, I'm not even sure his clients new of of each claim, but that's just speculation.
Please do not go to this "professional" for help. He is the reason why we have so many lawyer jokes (ambulance chasers....so forth).
If you do use him, check ALLLLLL your statements from him and be sure to EXPLICITLY instruct him not to initiate anything without your approval. Ignore all his crying about how it will slow him down or how he won't appear in court, send one of his lackeys, but charge you HIS rate instead of the lackey's rate.
Man, I could go on and on...but just bottom line. I've never met an individual that could single-handedly turn me off to a WHOLE profession. Doubly, he made me question the whole bankruptcy system because they were letting him get away with it. Just wanted to share my story so you might save some aggravation and a lot of lost sleep 'cause you're wondering what the hell he's doing at that moment....
Restaurant Owner
Vegas
Just because of a BAD RULING, by a misunderstood
judge, doesn't make for a bad attorney. Just like a BAD SOURCE
for a libel article, doesn't make the article credible.
@Jenna
Judge Markell is a bankruptcy judge. He was appointed to the position, so politics doesn't play a part in his position. Although I do agree that we need more judges like him.
I like this judge! Sadly, honesty has not place in politics so his future as a leader in Nevada is limited.
Si Se Puede!!!
Markell said Winterton "stubbornly persisted" in his efforts and failed to follow the court's rules, wasting the time of Humitech's attorneys.
$109,528 in legal fees does not sound like a waste of time. It sounds like a good payday for the lawfirm.
The judge also referred Goldberg to the State Bar of Nevada, which currently has 11 pending grievances from the public against him. The grievances are being handled together and have not yet gone before the Bar's screening panel to decide if a complaint should be filed, Assistant Bar Counsel Phil Pattee said.
Are you kidding me?? not gone before the bar, you moron. Typical one lawyer covering for another. That is why lawyers from Vegas are considered the bottom of the barrel anywhere eles in the U.S.
Well that applies to everyone now doesn't it. Especially attorneys.
David Winterton is as corrupt as they come. Because of his "friendships" on the bench he believes he is above the law. Read on...
http://www.reviewjournal.com/lvrj_home/2007/Apr-08-Sun-2007/news/13023787.html
District Ct. Case No. 02A451259
District Ct Case No. 02A454554
Judge Bruce Markell does not have clean hands either. He will be exposed in the near future.