In re Kersner
Mar
16
2009
Ruling
Debtors and counsel sanctioned for filing under chapter 13 when debtors exceeded debt limit.
Procedural posture
Pursuant to Fed. R. Bankr. P. 9011(b), movant creditors sought sanctions against the debtors and their counsel on the grounds that there was no reasonable argument or evidentiary support to establish their 11 U.S.C.S. § 109(e) eligibility at the time a chapter 13 bankruptcy petition was filed. The creditors also alleged that the debtors violated Fed. R. Bankr. P. 9011 by filing a motion to reconsider. The court held a hearing on the motions.
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Court
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