· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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