In Re: Michael Rodger Brown
- Vyskocil
- 1:20-cv-03943
- U.S. District Court · Southern District of New York
- 2
Jennifer Brown v. Michael Rodger Brown: Judge Vyskocil denied damages and costs because the appeal was unsuccessful but not groundless.
Jennifer Brown was not required to pay the requested damages or costs under Rule 8020; Michael Rodger Brown’s request for that relief was denied.
What happened
In Jennifer Brown v. Michael Rodger Brown, the court had previously affirmed the Bankruptcy Court’s decision concerning the parties’ marital property and Jennifer Brown’s equitable-distribution claim.
Michael Rodger Brown then asked for damages and costs under a bankruptcy rule that allows such an award when an appeal is frivolous. Jennifer Brown opposed the request.
Judge Mary Kay Vyskocil denied the request. She said Jennifer Brown’s arguments were unsuccessful but supported by relevant legal authority and the record, so they were not groundless or without foundation.
The detailed version
- In Re: Michael Rodger Brown · No. 1:20-cv-03943
- Vyskocil
- June 9, 2021
Background
The district court had previously affirmed a decision by the Southern District of New York Bankruptcy Court, issued by Judge Garrity, approving title to and distribution of the parties’ marital property and expunging Jennifer Brown’s equitable-distribution claim. After that ruling, Michael Rodger Brown moved for damages and costs under Federal Rule of Bankruptcy Procedure 8020, which permits damages and single or double costs when a district court determines that a bankruptcy appeal was frivolous. Jennifer Brown opposed the motion.
Legal standard
The court explained that Rule 8020 sanctions use the standards applied under Federal Rule of Appellate Procedure 38. An appeal is sanctionable when it is groundless, without foundation, and without merit, even if it was not brought in bad faith. The court also noted that sanctions may be appropriate when an appellant fails to cite authority, relies on inapplicable authority, makes unsupported factual assertions, states only bare legal conclusions, or misrepresents the record.
Ruling
The court stated that it had found Jennifer Brown’s arguments without merit, but not groundless or without foundation. It emphasized that she supported her arguments with relevant authority and citations to the record, particularly regarding waiver of her equitable-distribution claim. The court therefore denied the motion for damages and costs and asked the Clerk of Court to close the motions at ECF Nos. 15 and 16.
Effect
Michael Rodger Brown did not receive the requested damages or costs under Rule 8020. The opinion does not state that any other relief was awarded.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.