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If a party (who is a debtor in a bankruptcy) brings a

lawsuit against another party outside...
if a party (who is a debtor in a bankruptcy) brings a lawsuit against another party outside of bankruptcy, and the debtor party keeps filing bad faith claims through his lawyer when there is evidence to show the claims and subsequent motions should have never been filed....what is the best way to ensure lawyer fees can be collected at least from the debtor party's lawyer for filing such bad faith motions and complaints? The debtor will most likely not have any money to pay for legal fees and they are using their status as being in bankruptcy to file frivolous claims, but the lawyer filing those motions shouldn't be immune to penalties from such conduct.
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9/2/2017
Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 63,675
Experience: Experienced lawyer
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I would sue the estate or counter sue including for malicious prosecution and seek a court order awarding legal fee, sanction and barring new action without leave of court. You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 11 months ago
what about the lawyer that is representing the debtor (who is also a lawyer)? doesn't that lawyer have to be accountable for filing repeated bad motions on behalf of their client?
Absolutely. I would pursue both and court can impose sanctions on the lawyer too!Good luck.Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 11 months ago
thanks
Customer reply replied 11 months ago
acceptable
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Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 63,675
Experience: Experienced lawyer
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