United States Ninth Circuit

An untimely complaint objecting to discharge of a judgment creditor did not relate-back to a timely motion objecting to debtor's discharge, and that motion did not comply with the pleading requirements under Bankruptcy Rule 7008(a) or FRCP 8(a). Litigation expenses cannot be shifted when sanctions are imposed under Bankruptcy Rule 9011, on the court's initiative.

Appellate Information

• Decided 12/17/2002
• Published 12/17/2002

Judges

• Before:  RYMER, THOMAS and SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Elliott Abrams, Walnut Creek, CA, for the appellant.


• For Appellees:
  
• Mary-Ann Gschwend, pro se, Concord, CA, for the appellee.