In re Baytarian
Jan
11
2011
Ruling
Filing motion for relief from stay without authorization of clients was not grounds for sanctions against creditors' attorney.
Procedural posture
Following the submission of a motion for sanctions by the chapter 7 debtors and an opposition by the creditors' attorney, the court issued its own order to show cause why the attorney should not be sanctioned under Fed. R. Bankr. P. 9011(c)(1)(B) for presenting a pleading for an improper purpose and for filing a substantive pleading that was not authorized by his clients.
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Court
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