United States Court of Appeals

Fifth Circuit

FILED

April 16, 2003

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 02-50930

Summary Calendar

In The Matter Of: RODNEY K DANSEREAU; HILTRUDE M DANSEREAU;

 Debtors

-------------------------

CASH-N-ADVANCE

 Appellant

 v.

RODNEY K DANSEREAU; HILTRUDE M DANSEREAU

 Appellees

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In The Matter Of:ROBERT MORGAN; TRACY LYNN KRINGS

 Debtors

- - - - - - - - - - - -

CASH-N-ADVANCE

 Appellant

 v.

ROBERT MORGAN; TRACY LYNN KRINGS

 Appellees

************************************

In The Matter Of: MICHAEL ANDREW MADRID; LISELOTTE JENSEN MADRID
2

 Debtors

- - - - - - - - - - - -

CASH-N-ADVANCE

 Appellant

 v.

MICHAEL ANDREW MADRID; LISELOTTE JENSEN MADRID

 Appellees

*************************************

In The Matter Of: CHRISTOPHER HOFFMANN; ROCHELLE DENICE HOFFMANN

 Debtors

_ _ _ _ _ _ _ _ _ _ _ _ _

CASH-N-ADVANCE

 Appellant

 v.

CHRISTOPHER HOFFMANN; ROCHELLE DENICE HOFFMANN

 Appellees

***************************************

In The Matter Of: JOAN L ROSENBROCK

 Debtor

_ _ _ _ _ _ _ _ _ _ _ _ _

CASH-N-ADVANCE

 Appellant

 v.

JOAN L ROSENBROCK

 Appellee

***************************************
3

In The Matter Of: WILLIE LEE HODGES; DYRENDA TUTAVENA HODGES

 Debtor

_ _ _ _ _ _ _ _ _ _ _ _

CASH-N-ADVANCE

 Appellant

 v.

WILLIE LEE HODGES; DYRENDA TUTAVENA HODGES

 Appellees

*******************************************

In The Matter Of: DEMETRIUS DUDLEY DAVIS; MARY ANN DAVIS

 Debtor

_ _ _ _ _ _ _ _ _ _ _ _ _

CASH-N-ADVANCE

 Appellant

 v.

DEMETRIUS DUDLEY DAVIS; MARY ANN DAVIS

 Appellees

Appeal from the United States District Court

For the Western District of Texas

W-02-CV-81, W-02-CV-82, W-02-CV-83, W-02-CV-84

W-02-CV-85, W-02-CV-86, W-02-CV-87

March 17, 2003

Before DAVIS, WIENER and EMILIO GARZA, Circuit Judges
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

4

PER CURIAM:*

Cash-N-Advance asks this court to reverse the order of the

district court upholding the bankruptcy court’s imposition of

sanctions against Cash-N-Advance for classifying unsecured claims

as “priority” claims in seven Chapter 13 Bankruptcy proceedings

with no arguable legal or factual basis for doing so. We review

the Bankruptcy Court’s imposition of sanctions for abuse of

discretion. We are satisfied that the bankruptcy court did not

abuse its discretion in imposing sanctions against Cash-N-Advance

and affirm the district court’s judgment.

Federal Rule of Bankruptcy Procedure 9011 (the counterpart of

Fed. R. Civ. P. 11) authorizes the Bankruptcy Court to impose

sanctions against attorneys, law firms or individuals who violate

the rule. Section 9011(c) grants authority to the bankruptcy

court to impose sanctions on its own initiative. “If after notice

and a reasonable opportunity to respond,” the court finds a

violation of the rule, the court may impose sanctions. Fed. R.

Bankr. P. 9011.

As applied to this case, 9011(b) required that an attorney for

Cash-N-Advance sign each of the proofs of claim submitted to the

court and certify, among other things, that “to the best of the

person’s knowledge, information, and belief, formed after an
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inquiry reasonable under the circumstances” the claims were

warranted by law and the factual contentions had evidentiary

support. Fed. R. Bankr. P. 9011(a) and (b). The record amply

supports the bankruptcy judge’s finding that Cash-N-Advance filed

priority status claims without any factual or legal basis. Cash-NAdvance also received the required notice and had more than a

reasonable opportunity to respond. Cash-N-Advance filed a Response

to the Bankruptcy Court’s Show Cause Order and participated in a

hearing on the motion for sanctions. 

For the reasons given above, we AFFIRM the judgment of the

district court.