In re Clements
Jul
05
2011
Ruling
Sanctions warranted for creditor's filing of motion for relief from stay without cause based on inaccurate information.
Procedural posture
A creditor filed a motion seeking relief from the automatic stay as to real property pursuant to 11 U.S.C.S. § 362(d) on the grounds that a Chapter 13 debtor was delinquent in making post-petition mortgage payments. The debtor filed an objection and requested reimbursement of the attorney's fees incurred in defending the motion.
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Court
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