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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

Buckeye Ret. Co. LLC v. Hake (In re Hake)

Appellant creditor sought review of a final order of the Bankruptcy Court for the Northern District of Ohio, which sanctioned it for violating Fed. R. Bankr. P. 9011(b)(1) and (2) when it filed, in appellee debtors'chapter 11 case, a motion for leave to file an adversary proceeding on behalf of the bankruptcy estate to recover monies contributed by one debtor to his 401(k) retirement account.
Ruling: 
Creditor properly sanctioned for attempting to file adversary proceeding on behalf of the estate for purposes of harassment.
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