Frances E. Haylock

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
FRANCES E. HAYLOCK,
Debtor.
)
)
)
)
)
Case No. 07-00235
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
FINAL MEMORANDUM DECISION
The court held a hearing on January 15, 2008 to fix the
amount of fees and expenses to which the George Basilika Trust is
entitled as a result of the court’s June 20, 2007 decision that
the Trust may recover from the debtor’s counsel as sanctions
under Fed. R. Bankr. P. 9011(b) reasonable fees and expenses
incurred as a result of the improper filing of this case.
Pursuant to an agreement by the parties, the court fixes the
amount of reasonable fees and expenses to be paid by debtor’s
counsel to the Trust at $2,000.
The court also clarifies its Interim Memorandum Decision
(Docket Entry No. 43, filed November 5, 2007)regarding sanctions
imposed on the debtor’s counsel. 	The imposition of sanctions
The decision below is signed as a decision of
the court.
Signed: January 20, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 07-00235 Doc 49 Filed 01/23/08 Entered 01/23/08 11:03:59 Desc Main
Document Page 1 of 2

should not be taken to mean that the debtor’s counsel filed the
case in bad faith. 	He proceeded in good faith (looking to
decisions holding that § 109(h) is not jurisdictional) in an
attempt to employ the bankruptcy laws to assist a debtor facing
an imminent foreclosure sale, and it was a courageous act to thus
assist the debtor (given his potential exposure to Rule 9011
sanctions should the petition be dismissed based on the § 109(h)
defect, and a party were to seek such sanctions). 	But his good
faith and his courage in the face of what he views as a harsh
eligibility requirement does not alter the correctness of the
conclusion in the Interim Memorandum Decision that the petition
was not well-founded as a matter of law because of the debtor’s
ineligibility under § 109(h) and that the creditor was thus
entitled to Rule 9011 sanctions.
An order follows.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 13
Trustee; Jeffrey Sherman, Esq.; Office of U.S. Trustee
Case 07-00235 Doc 49 Filed 01/23/08 Entered 01/23/08 11:03:59 Desc Main
Document Page 2 of 2