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· 5/26/2009

Lafayette v. Collins (In Re Withrow)

Citations

  • 405 B.R. 505
  • 2009 Bankr. LEXIS 1295
  • 2009 WL 1464279

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing Rule 9011 imposes an obligation on debtor's attorneys to perform a reasonable investigation of the information contained in a debtor's bankruptcy schedules
  • finding that an attorney’s alleged personal health issues and/or his client’s faulty memory “are not sufficient to overcome [his] sloppy and careless actions (or inactions)” in preparing the debtor’s documents for submission to the court
  • stating an “order imposing [Bankruptcy] Rule 9011 sanctions is final when the matter out of which it arose becomes final”
  • attorney had an \affirmative duty to conduct a reasonable inquiry into the facts set forth in the Debtor's schedules\
  • both cases discussing the legislative history of newly added §§707(b)(4)(C) and (D)
  • affirming sanction of $3,585.00 payment to the chapter 13 trustee

Source: CourtListener parenthetical corpus (CC0).

Judges: Vaughn, Kornreich, Tester

Read full opinion on CourtListener

Sourced 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.