- 11 U.S.C.
Damask v. RDJS Prop. (In re Damask)
Nov
26
2012
Ruling
Debtor's prosecution of stay litigation that properly should have been brought by trustee was not grounds for sanctions.
Procedural posture
Defendants, debtors' former lessors, moved for sanctions against debtors and their counsel per Fed. R. Bankr. P. 9011, on claims that their conduct in prosecuting an adversary complaint against defendants for violation of the automatic stay in 11 U.S.C.S. § 362 was sanctionable. At issue was whether the challenged conduct was reasonable "under the circumstances."
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Court
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