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Fritz
Fritz, Attorney
Category: Bankruptcy Law
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Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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Someone filed a wrongful involuntary bankruptcy against me.

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Someone filed a wrongful involuntary bankruptcy against me.
I feel the dollar amount wasn't significant enough and the debt is disputed. Accordingly, I feel the petitioning creditor had no grounds to file it.

It is damaging my credit and I want to file a motion to seal the involuntary BK from public record. Does anyone have a sample template for a motion to seal the involuntary BK and possibly ask for sanctions?
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Customer: replied 5 years ago.
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I found a good Motion for Entry of Judgment, Costs, Attorney's Fees, Damages, and Punitive Damages [i.e. Sanctions] against a filing creditor in an involuntary proceeding... but I can't seem to attach it here for whatever reason?

Do you have Pacer access? If you do, I can give you the case and docket number.

As far as sealing the record, BAPCPA amended Section 303(k)(1) to state:

"If-

(A)the petition under this section is false or contains any materially false, fictitious, or fraudulent statement;

(B)the debtor is an individual; and

(C)the court dismisses such petition,the court, upon the motion of the debtor, shall seal all the records of the court relating to such petition, and all references to such petition."

There isn't much case law on this because the provision is relatively new (and presumably also because proceedings that meet this standard were actually sealed and thus are not accessible through Pacer).

Customer: replied 5 years ago.
I understand what you are saying. Most samples would be sealed if approved so they are hard to find. Yes, I do have Pacer access if something is still visible.

In re E.S. Professional Services, Inc.

Southern District of Florida Bankruptcy Court, Case 05-23206, Docket #79

Customer: replied 5 years ago.
This was helpful. I'd like to still try to find a section on sealing the case. The ES Professional was probably only visible because they didn't need it sealed as a corporation, but consumers prefer to have a file sealed.

Any ideas on how to find a sample to seal a case?
Let me see if I can find anything on Google Scholar or my bankruptcy books...

I couldn't find any relevant caselaw on the issue of sealing an involuntary case post-dismissal pursuant to Section 303(k)(1).

My bankruptcy books from 2012 don't cite any cases when discussing this Code provision, and the few substantive articles I could find on the topic didn't cite or discuss any cases. See, e.g., the following Bankruptcy Law Network article:

http://www.bankruptcylawnetwork.com/remedies-for-false-bankruptcy-involuntary-bankruptcy-petitions/

I found one pre-BAPCPA case addressing the mechanics of HOW the record would actually be sealed. This might help as to what you'd want to include in your motion.

See In re Walsh (sealing involuntary bankruptcy proceeding pursuant to Section 107(b)(2)).

http://www.nywb.uscourts.gov/files/11730/277_In_re_(Susan)_Walsh.pdf

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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