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judge morgenstem clarren

In re Berghoff

Ruling
Court ordered mortgagee to pay debtor's fees since mortgagee violated Rule 9011 by unintentionally filing proof of claim that included attorneys'fees.
Procedural posture

In debtor's bankruptcy proceeding, creditor mortgagee filed a proof of claim that impermissibly included attorney fees as a component of the claim amount. The court issued an order on the mortgagee to show cause why it did not violate Fed. R. Bankr. P. 9011.

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opinion summary, case decided on June 20, 2006 , LexisNexis #0706-105