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U.S. TRUSTEE v. DELAFIELD

No. 21-1632.

57 F.4th 414 (2023)

U.S. TRUSTEE, Plaintiff-Appellee, v. Darren Thomas DELAFIELD, Defendant-Appellant, and UpRight Law, LLC; Law Solutions Chicago, LLC; Jason Royce Allen; Kevin Chern; Edmund Scanlan; Sperro, LLC; John Carter Morgan, Jr., PLLC; John C. Morgan, Defendants, Andrian Shannon Williams; Timothy James Williams, Jr., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2023.

Attorney(s) appearing for the Case

ARGUED: Darren Thomas Delafield , LAW OFFICE OF DARREN DELAFIELD, PC, Roanoke, Virginia, for Appellant. Sumi Kay Sakata , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Ramona D. Elliott , Deputy Director/General Counsel, P. Matthew Sutko , Associate General Counsel, Executive Office for United States Trustees, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; John P. Fitzgerald III , Acting United States Trustee, Region 4, Margaret K. Garber , Assistant United States Trustee, W. Joel Charboneau , OFFICE OF THE UNITED STATES TRUSTEE, Roanoke, Virginia, for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Judge King and Judge Lauck join. Judge King wrote a concurring opinion.

A bankruptcy court imposed sanctions against Darren Thomas Delafield. After the district court affirmed those sanctions, Delafield appealed, asserting the sanctions order violated his due process rights. To be sure, a lawyer facing suspension or disbarment is entitled to notice of the charges for which such discipline...

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