Critical Case Comment: Taylor v. Deangelis

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee, Middle District of Tennessee

Taylor v. Deangelis, 2011 WL 3692440 (3th Cir, Aug. 24, 2011) (Fuentes)

A creditor’s attorney, seeking relief from the automatic stay and opposing an application to disallow a claim, with pleadings containing “facts” derived from the NewTrak system but who failed to verify the information with the creditor, would be subject to sanctions under Rule 9011.

Case Summary

The Taylors filed a Chapter 13 bankruptcy in September 2009, listing HSBC as their mortgage creditor.  HSBC filed a proof . . .

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