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In re Duttenhefer

In re Duttenhefer

Ruling
Debtor not entitled to sanctions against former spouse for violations of stay where debtor did not meet burden of proof.
Procedural posture

Debtor filed a petition under chapter 7 of the Bankruptcy Code on June 17, 2009, and on July 7, 2009, he filed a motion pursuant to Fed. R. Bankr. P. 9011, seeking sanctions against his ex-wife for violating the stay that was imposed pursuant to 11 U.S.C.S. § 362 when he declared bankruptcy. The debtor's ex-wife opposed the motion. The case was subsequently converted to one under chapter 13 of the Bankruptcy Code.

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Consumer opinion summary, case decided on September 03, 2009 , LexisNexis #1009-109