By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of TN (Nashville) Where pro se debtors filed numerous groundless complaints and made specious allegations against their former counsel, sanctions under Rule 9011 were appropriate notwithstanding the fact that the debtors were now acting pro se. (Hopkins) In re Jones, 2021 WL 4168110 (Bankr. S.D. O.H., Sept....
From the Editor – Dismissal
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By The Honorable William Houston Brown (Retired)
Debtor’s spending of settlement proceeds was material default and cause for dismissal with prejudice. The plan provided that settlement proceeds of a workers’ compensation claim would be paid to the trustee for the benefit of creditors, but the debtor spent those funds for his own use. The court found this to be material default of the plan’s provisions and cause to dismiss the case with prejudice to refiling for five years. Attorneys for the debtor in the bankruptcy case and workers’ compensation suit bear some responsibility and . . .
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