This matter concerns whether an attorney violated Rule 9011 by filing documents alleging, and later advocating, that a pair of creditors colluded with the Debtor to obtain a sham judgment in furtherance of a conspiracy to defraud this Court as well as other creditors of the Debtor.
The creditors moved for sanctions against the attorney, asserting that he repeatedly made false allegations in pleadings and later advocated for those positions. The Court agreed. The Court determined that the allegations were factually frivolous. Further, the Court examined the attorney’s litigation practices and papers filed, and determined the attorney filed the pleadings with an improper purpose.
Accordingly, the Court found the attorney violated Rule 9011. The Court admonished the attorney, struck the offending allegations from the pleadings, and awarded the recovery of reasonable attorneys' fees incurred in filing and prosecuting their motion for sanctions.