The debtor's motion for Rule 9011 sanctions against a creditor and its counsel, whom it accused of filing and pursuing, out of ill-will and without reasonable factual underpinnings, a motion to have a Chapter 11 trustee appointed, is denied as procedurally defective, since it was noticed by letter rather than formal motion and was filed after the trustee motion was withdrawn, and thus impairs the safe harbor provided by the rule; moreover, the motion for a trustee was well grounded in fact and law.
October 18, 2004 at 12:00 AM
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