context: Scattered itself agrees that "[i]f the ADS Agreement expired, there would be nothing for the Trustee to assume or reject." Scattered Br. 13. See R. Ginsberg & R. Martin, Ginsberg & Martin on Bankruptcy SS 7.01[C], at 7-8 n. 37 (4th ed.1995) (updated & current through 2007) ("Of course, if the executory contract (or lease) expires by its own terms during the postpetition, pre-assumption/rejection period, the trustee will have nothing to assume or reject."). Scattered is certainly correct in contending that the susceptibility of a claim (or argument) to sanctions under Bankruptcy Rule 9011 or Federal Rule of Civil Procedure 11 does not necessarily require resolution of the merits of the underlying claim.
citation_a.signal: see also
citation_a.parenthetical: court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case
citation_a.sentence: See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case).
citation_b.signal: see
citation_b.parenthetical: order imposing Rule 11 sanctions "does not signify a district court's assessment of the legal merits of the complaint"
citation_b.sentence: See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 396, 110 S.Ct. 2447, 2456, 110 L.Ed.2d 359 (1990) (order imposing Rule 11 sanctions “does not signify a district court’s assessment of the legal merits of the complaint”); see also Willy v. Coastal Corp., 503 U.S. 131, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (court can impose Rule 11 sanctions even if, in retrospect, it lacked subject matter jurisdiction over merits of the case).