· 11/24/2004
Briggs v. LaBarge (In Re Phillips)
Citations
- 317 B.R. 518
- 2004 Bankr. LEXIS 1784
- 2004 WL 2752810
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the petition [the attorney] filed did not have the debtor’s original signature and therefore lacked a verification of the facts. With no verification, the factual contentions have no evidentiary support and thus the petition violates. Rule 9011(b)(3).”
- holding that “the petition [the attorney] filed did not have the debtor’s original signature and therefore lacked a verification of the facts. With no verification, the factual contentions have no evidentiary support and thus the petition violate[d] Rule 9011(b)(3).”
- refusing to accept attorney’s excuse that filing petition without first obtaining the debtor’s signature was necessary to prevent a foreclosure sale of the debtor’s home
- upholding sanctions awarded where debtor’s counsel violated Bankruptcy Rule 9011(b) by forging debtor’s electronic signature on bankruptcy petition
- “[T]he petition [the attorney] filed did not have the debt- or’s original signature and therefore lacked a verification of the facts. With no verification, the factual contentions have no evidentiary support and thus the petition violates Bankruptcy Rule 9011(b)(3).”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kressel, Mahoney, Venters
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.