- FRBP
Elmasri v. Rupp (In re Elmasri)
Apr
19
2010
Ruling
Sanctions assessed against debtor for groundless claim of improper service of order to show cause.
Procedural posture
Plaintiff chapter 7 debtor filed an adversary proceeding against defendants, his ex-wife and her counsel, seeking a declaratory judgment that the service of the ex-wife's order to show cause (OSC) application was insufficient and that a hearing was void. The ex-wife and her counsel filed a motion to dismiss, which also sought the imposition of sanctions. The ex-wife's counsel filed a separate motion for sanctions under Fed. R. Bankr. P. 9011.
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Court
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