In re Mann
UNPUBLISHED
Creditor had obtained relief from stay to foreclose on chapter 13 debtors' residence, due to their failure to make postpetition mortgage payments. Before the foreclosure sale had taken place, the court denied confirmation of debtors' proposed plan, and specifically kept the case open until the foreclosure sale was completed. Shortly before the foreclosure sale, and while their chapter 13 was still pending, debtors filed a second chapter 13, thereby forcing cancellation of the property sale. Creditor sought sanctions under Fed. R. Bankr. P. 9011. Finding that the second petition had been filed as a bad faith attempt to forestall the foreclosure sale, especially since 11 U.S.C. § 109(g)(2) would have barred debtors from refiling their case for 180 days if they had voluntarily dismissed it, the court awarded sanctions against debtors' attorney, but not from debtors themselves.