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Benson v. Cortellesso (In re Cortellesso)

Benson v. Cortellesso (In re Cortellesso)

Ruling
Sanctions assessed against creditor's attorney for filing baseless nondischargeability proceeding.
Procedural posture

Plaintiff claimants filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that the debtor was not eligible under 11 U.S.C.S. § 727 to have his debts discharged, and that the debtor owed the claimants debts that were nondischargeable under 11 U.S.C.S. § 523. The debtor filed a motion to dismiss and asked the court to impose sanctions on an attorney who represented the claimants.

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Consumer opinion summary, case decided on March 08, 2012 , LexisNexis #0412-047