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Walker v. Clearpoint Fin. Solutions Inc. (In re Walker)

Walker v. Clearpoint Fin. Solutions Inc. (In re Walker)

Ruling
Sanctions awarded to credit counseling agency due to debtor's frivolous adversary proceeding.
Procedural posture

Debtor filed an adversary proceeding against defendant credit counseling agency, claiming that the agency was guilty of making fraudulent transfers, violated 11 U.S.C.S. § 526, breached its fiduciary duties, and engaged in self-dealing. The debtor filed a motion for leave to amend its complaint, and the agency filed a motion for sanctions pursuant to 11 U.S.C.S. § 105 and Fed. R. Bankr. P. 9011.

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Consumer opinion summary, case decided on September 17, 2009 , LexisNexis #1109-030