Briggs v. LaBarge (In Re Phillips)
United States Bankruptcy Appellate Panel for the Eighth Circuit
1Opinion of the Court
KRESSEL, Chief Judge.
Ross Briggs appeals from the order of the bankruptcy court 1 granting the trustee’s motion for sanctions against him pursuant to Fed. R. Bankr.P. 9011. The parties argue about numerous issues, but we consider the principle issue in this appeal to be whether Briggs violated Rule 9011 when he filed a voluntary petition for the debtor without her signature. We conclude that he did and hold the bankruptcy court did not abuse its discretion in sanctioning him. Therefore, we affirm.
BACKGROUND
The controversy in this case involves the second of three Chapter 13 filings for the…
2Cases cited13 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Roemer v. Board of Public Works of Md.Supreme Court of the United States · 1976
- Brubaker v. City of RichmondCourt of Appeals for the Fourth Circuit · 1991
- In Re: Clara ClarkCourt of Appeals for the Eighth Circuit · 2000
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3Cited by18 opinions
- In re BradleyUnited States Bankruptcy Court, S.D. Texas · 2013
- In Re BoothUnited States Bankruptcy Court, E.D. Arkansas · 2009
- In Re KolibaUnited States Bankruptcy Court, N.D. Ohio · 2006
- In Re RoseUnited States Bankruptcy Court, S.D. Ohio · 2010
- In re DobbsUnited States Bankruptcy Court, N.D. Mississippi · 2015
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