In Re Seena Y. Phillips, Debtor. Ross H. Briggs v. John v. Labarge, Jr.

BEAM, Circuit Judge.

Attorney Ross Briggs appeals the bankruptcy court’s imposition of sanctions pursuant to Rule 9011 of the Federal Rules of Bankruptcy Procedure. We affirm the bankruptcy judge’s conclusion that Briggs violated Rule 9011, but we find that the court’s sanction was an abuse of discretion.

I. BACKGROUND

Debtor Seena Phillips retained Critique Services (Critique), a law firm, to file a Chapter 13 bankruptcy on her behalf. On October 3, 2003, Phillips signed her Chapter 13 voluntary petition and schedules, and Critique filed the bankruptcy petition on October 20, 2003. This case…