Target National Bank v. Nelson (In re Nelson)

MEMORANDUM AND ORDER IMPOSING SANCTIONS PURSUANT TO FRBP 9011

I. INTRODUCTION

This matter came on to be heard on November 13, 2013 on the Court’s sua sponte order to show cause (the “OSC”) why sanctions should not be imposed against Weinstein, Pinson & Riley, P.S. (‘WPR”), the attorneys for Target National Bank (“Target”), pursuant to Federal Rule of Bankruptcy Procedure 9011. 1 William S. Weinstein, Esq. (“Weinstein”), Josh Harrison, Esq. (“Harrison”), Gail A Rinaldi, Esq. (“Rinaldi”), and an officer from Target, Adam Grim, appeared on behalf of Target.

II. BACKGROUND

Elizabeth Blanche Nelson (the “Debt- or”) filed chapter 7 on September 6, 2012 (the “Petition Date”), and listed an unsecured debt to Target in the amount of $6,659.00, regarding a credit card account with Target (the “Account”). Schedule F, Bk. Dk. I. 2 The Debtor listed $23,927.91 in additional unsecured credit card debt. See Schedule F, Bk. Dk. 1. The Debtor’s statement of financial affairs reflects that she moved from New Jersey to California in February of 2011. SOFA, Bk. Dk. 1. The Debtor’s Schedule B lists “household goods, furniture, furnishings, appliances, stereo, televisions, computer printer” with an…