Robinson

MEMORANDUM DECISION ON MOTION FOR IMPOSITION OF SANCTIONS PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 9011

Defendant debtor Brent Lawrence asks the court to assess sanctions, pursuant to Federal Rule of Bankruptcy Procedure 9011, against plaintiff creditor and the creditor’s attorney for filing the complaint in this adversary proceeding. The complaint seeks a determination of nondis-chargeability of a debt. Defendant seeks sanctions based on the existence, at the time the complaint was filed, of a disposi-tive, albeit waivable affirmative defense of the statute of limitations.

For the reasons set forth herein, in this case the court grants the motion in part, finds that the filing of the complaint constituted a violation of Bankruptcy Rule 9011(b)(2) which justifies an imposition of sanctions, and assesses sanctions on the creditor’s attorney in the amount of *528 $16,046.90 in attorney’s fees and costs payable to the defendant’s attorney.

FACTUAL BACKGROUND

On January 9, 2009, debtor Brent Lawrence (“Debtor” or “Lawrence”) commenced a bankruptcy case (the “Bankruptcy Case”) by filing a voluntary petition under chapter 7 of the Bankruptcy Code. Lawrence filed his…