Bankruptcy Court Misconduct Draws Reciprocal Disbarment

The Mississippi Supreme Court has disbarred an attorney for misconduct that had resulted in his permanent disbarment  by the United States Bankruptcy Court for the Northern District of Mississippi

The bankruptcy court concluded that “in filing the 2015 Petition and First Certificate, Mr. Labovitz has acted in bad faith and has violated a myriad of Bankruptcy Code provisions, Federal and Local Rules of Bankruptcy Procedure, and ethical rules imposed by the Mississippi Rules of Professional Conduct.” Id. On its findings, the bankruptcy court permanently disbarred Labovitz from the practice of law in the United States Bankruptcy Court for the Northern District of Mississippi…

Upon review ofthe facts gleaned from the record before this Court and the bankruptcy court’s findings, it is clear that Labovitz’s conduct constituted a violation of our ethical rules. Labovitz knowingly and willfully filed a bankruptcy petition on another individual’s behalf despite a lack of authority to do so, and then forged that individual’s signature on various documents presented to the bankruptcy court. This conduct clearly constitutes a violation of Rules 3.3(a) and 8.4 (c) and (d).2 The egregiousness of his actions combined with his history of ethical violations warrants disbarment.

The court here found no mitigation sufficient to warrant a lesser sanction.(Mike Frisch)