Central District Consumer Bankruptcy Attorney's Association

Under what statutes are you requesting sanctions?
Under many statutes in non-bankruptcy court, there is an expectation of
meeting and conferring prior to a sanctions request. Probably you have
already done this, but I would suggest both a letter (polite as can be, this
is your exhibit if you do file a motion) and a conversation with counsel
about your views on this.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
On Tue, Jun 15, 2010 at 1:13 PM, shawnswhite wrote:
>
>
> Debtor has a real estate investment business. A "creditor" (he has no
> contract/judgment etc but blames debtor for all of his losses) has filed a
> proof of claim for over $550,000 in unsecured debt and is now objecting to
> confirmation on the grounds the debtors unsecured exceeds the limit.
>
> The creditor's total investment was only $180,000.00. The $550,000.00
> figure is complete fiction. Obviously I will object to the Claim but I think
> the "creditor" and the attorney (the creditor's nephew) should be sanctioned
> for filing a completely frivolous claim.
>
> I would appreciate feedback on how other attorneys have gone about handling
> frivolous/excessive claims.
>
> Thank you,
>
> Shawn White
>
>
>
Under what statutes are you requesting sanctions?Under many statutes in non-bankruptcy court, there is an expectation of meeting and conferring prior to a sanctions request. Probably you have already done this, but I would suggest both a letter (polite as can be, this is your exhibit if you do file a motion) and a conversation with counsel about your views on this.
-- Amy Clark Kleinpeter1489 E. Colorado Blvd. #207Pasadena, CA 91106(626) 507-8090"Bankruptcy, Michae
The post was migrated from Yahoo.

In your objection, you should ask for an evidentiary hearing which means that it will be a mini trial where the objecting creditor will need to present actual evidence supporting their claim. If they fail to prove their claim, you can seek your attorneys fees. However, pursuant to Rule 11, any party and their attorney filing any pleading in the court certify the accuracy of the assertions. Therefore, to comply with the safe harbor requirements of Rule 11, you need to send a letter to the attorney demanding that he withdraw the claim within a certain period of time and that if he does not withdraw the claim, you will be seeking sanctions.
>
> Debtor has a real estate investment business. A "creditor" (he has no contract/judgment etc but blames debtor for all of his losses) has filed a proof of claim for over $550,000 in unsecured debt and is now objecting to confirmation on the grounds the debtors unsecured exceeds the limit.
>
> The creditor's total investment was only $180,000.00. The $550,000.00 figure is complete fiction. Obviously I will object to the Claim but I think the "creditor" and the attorney (the creditor's nephew) should be sanctioned for filing a completely frivolous claim.
>
> I would appreciate feedback on how other attorneys have gone about handling frivolous/excessive claims.
>
> Thank you,
>
> Shawn White
>

The post was migrated from Yahoo.

Debtor has a real estate investment business. A "creditor" (he has no contract/judgment etc but blames debtor for all of his losses) has filed a proof of claim for over $550,000 in unsecured debt and is now objecting to confirmation on the grounds the debtors unsecured exceeds the limit.
The creditor's total investment was only $180,000.00. The $550,000.00 figure is complete fiction. Obviously I will object to the Claim but I think the "creditor" and the attorney (the creditor's nephew) should be sanctioned for filing a completely frivolous claim.
I would appreciate feedback on how other attorneys have gone about handling frivolous/excessive claims.
Thank you,
Shawn White

The post was migrated from Yahoo.