From the Editor - Debtor’s Attorney • NACTT Academy

From the Editor – Debtor’s Attorney

By The Honorable William Houston Brown (Retired)

Sanctions for including foreclosed property in petition. On creditor’s motion, sanctions for attorney fees and costs were awarded against Chapter 13 debtor’s attorney for scheduling as property of estate real property that had been foreclosed and on which debtor’s redemption period had expired. Under Rule 9011(c), a safe harbor letter from the creditor was not required, because the conduct was part of the filing of the bankruptcy petition, which was filed for improper purpose of delaying eviction after writ of possession had been issued. Title . . .

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