Sanctions : Professionals

Sanctions

Creditor's Failure to Prosecute Non Discharge-ability Action May Lead to Sanctions Under 11 U.S.C. ? 523(d)(2) for Attorney's Fees
Charles R. Sterbach of Gallagher & Kennedy, P.A.

On January 21, 1999, the Bankruptcy Appellate Panel for the Tenth Circuit ("BAP") reversed the court below, and hel.
Sorry Counsel, You Signed It: Ethics, Rule 9011, and Inadequate Filings
Susan M. Freeman of Lewis and Roca LLP

Bankruptcy Rule 9011 requires an attorney for a represented party to sign every paper filed in a bankruptcy case "except a list, schedule, or statement, or amendments thereto." Bankruptcy Rule 9011(a). The exception has led some courts to question whether the rule applies to a debtor's counsel when misrepresentations are made in the debtor's schedules and statement of affairs.