Q: What statutes apply for damages from fraud on the court by attorneys as officers of the court in a BK adv. case?
I didn't see anything in FRBP. Because it's an adv case, does FRCP apply instead?
A:
The Federal Rules of Bankruptcy Procedure are just that, procedural rules.
"Fraud on the court" is a serious accusation, and several statutes, as well as court and bar rules, may apply. Remember, proof of fraud is generally required to be proved by clear and convincing evidence, not just a preponderance, or more likely true than not.
Speak to a California lawyer, show him all your evidentiary proof, and listen to what he recommends.
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