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In re Tucker (Case No. 12-71910) 8/29/2014

Court denied the debtor's motion for sanctions under Federal Rule of Bankruptcy Procedure 9011, finding that the creditor had filed the allegedly inappropriate documents in a state court to determine its rights with regard to property and thus could not be the basis for sanctions because those documents were not filed with this Court.  Rule 9011 only authorizes the Court to sanction parties who inappropriately file signed documents before this Court.  Because the documents were filed in the state court, the Bankruptcy Court had no authority to sanction the creditor.

Date: 
Friday, August 29, 2014
Category: 
Discharge
Foreclosure
Fraud
Injunctions
Chapter: 
7