Midamines SPRL Ltd., et al. v. KBC Bank N.V.

i Your Petitioners, Midamines Sprl Ltd., a duly registered Illinois corporation, and Hassan Abbas, an Illinois attorney, were ordered to pay the amount of $75,000 in attorneys fees, because of the filing of a motion to disqualify opposing counsel, and without being informed as to the sanctioning standard used against each party sanctioned, and without hearing, and without being allowed to view the unredacted statements, before the imposition of the sanctions, and without a specific finding of bad faith conduct. The Petitioners acted in good faith to recover their money unlawfully withheld by the KBC Bank N.V., the respondent, for the past six years. Petitioners sought leave to file a Declaratory judgment action. One or more of the following questions are presented: QUESTIONS PRESENTED

1. Whether the Petitioners were entitled to have a hearing in federal court and to be informed of the sanctioning standard used before the imposition of sanctions of attorney’s fees?

2. Whether the federal courts are required to find bad faith with specificity under Goodyear and to reduce hours that are excessive, redundant, or otherwise unnecessary due to overstaffing under Hensley?

3. Whether claimants to property or res are entitled to a declaration of rights under 28 U.S.C. § 2201?