Legal Opinion

In Re Wingerter

Bankruptcy Appellate Panel of the Sixth Circuit

Decided October 8, 2008No. BAP 07-8063PublishedCited by 8 opinions

1Opinion of the Court

OPINION

THOMAS H. FULTON, Bankruptcy Judge.

B-Line, LLC (“B-Line”) appeals a bankruptcy court order sanctioning it under Federal Rule of Bankruptcy Procedure (“Rule”) 9011(b). The bankruptcy court issued its order after a show cause order and an evidentiary hearing to determine the procedures that B-Line employs for processing and fifing proofs of claim. The court was concerned that B-Line, a company that exclusively purchases claims in bankruptcy, does not request copies of originating documents before fifing a proof of claim despite the requirement in Rule 3001(c) and Official Form 10 that…

2Cases cited26 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Powell v. McCormackSupreme Court of the United States · 1969
  3. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  4. County of Los Angeles v. DavisSupreme Court of the United States · 1979
  5. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992

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3Cited by8 opinions

  1. B-Real, LLC v. Chaussee (In Re Chaussee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  2. In re GormanUnited States Bankruptcy Court, E.D. Tennessee · 2013
  3. Hoover v. Jones (In re Jones)Bankruptcy Appellate Panel of the Sixth Circuit · 2016
  4. COUNTRYWIDE HOMES LOANS, INC. v. McDermottDistrict Court, N.D. Ohio · 2010
  5. B-Line, LLC v. Gerald WingerterCourt of Appeals for the Sixth Circuit · 2010

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