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In re Wingerter

Creditor appealed an order of the Bankruptcy Court for the Northern District of Ohio, Eastern Division, that imposed sanctions under Fed. R. Bankr. P. 9011(b). The bankruptcy court concluded that the creditor failed to with Fed. R. Bankr. P. 9011(b) to make a reasonable inquiry into the basis of its claim before filing the proof of claim because it made no effort to comply with Fed. R. Bankr. P. 3001(c) and Official Bankr. Form 10.
Ruling: 
Appeal of nonmonetary sanctions imposed by bankruptcy court dismissed as moot and calling for an impermissible advisory opinion.
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Consumer case opionion summary, case decided on October 08,2008, LexisNexis #1108-021

In re Josephson

Debtors, a husband and wife, filed a petition under chapter 13 of the Bankruptcy Code. After the court confirmed the debtors' plan for repaying their creditors and an amendment to that plan, their attorney filed an addendum to the amended plan. The chapter 13 trustee opposed confirmation of the addendum and filed a motion seeking an order requiring the debtors'attorney to show cause why he should not be sanctioned.
Ruling: 
Debtor's attorney sanctioned for electronic filing of amended plan without consent of both debtors.
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Consumer case opionion summary, case decided on January 09,2008, LexisNexis #0308035