Motion for Attorney Fees (Sanctions) after MRS
Posted: Sat Jun 01, 2013 1:22 pm
Dear Catherine,
If the motion has already been litigated there's not much you can do.
However, if when the motion is filed you feel it is frivolous, file a response and a motion for sanctions under Fed. R. Bankr. Proc. 9011 without setting a hearing date. This initial motion serves to provide the creditor with the requisite 21-day safe harbor of Fed. R. Bankr. Proc. 9011(c)(1)(A). If they withdraw the motion prior to the end of the twenty-one day period, that's the end of it. If not, refile the motion and set it for a hearing. Depending on the judge you may get sanctions that way.
All the best,
Nick
Nicholas Gebelt, Ph.D., J.D.
Board Certified Bankruptcy Specialist
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