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Two more bankruptcy preparers facing possible criminal contempt charges

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Rethinking Criminal Contempt in the bankruptcy courts john A. E. Pottow* & Jason S. Levin** INTRODUCTION Judicial actors in bankruptcy have been around for well longer than the National Conference of Bankruptcy Judges, but it is safe to say that there has been a long, steady march toward increased respectability of these curious legal beasts.

(To learn more about bankruptcy, see Nolo’s area on Bankruptcy: Deciding Whether to File.) What Is a Bankruptcy Petition Preparer? A bankruptcy petition preparer is any person or business, other than a lawyer or someone who works for a lawyer, that charges a fee to prepare bankruptcy documents.

The difference between criminal contempt and civil contempt has been described as follows: The distinction between criminal and civil contempt is . . . a distinction between two permissible responses to contumacious behavior. These judicial responses are classified according to the dominant purpose of the court.

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Because jail time is a possible consequence, some states will afford a person an attorney to deal with a contempt charge when a judge is seriously considering jail time. Punishment for Criminal contempt. criminal contempt punishments and consequences usually include either the payment of a fine or some period of confinement in the county jail.

Section 1481 of Title 28 provides that a bankruptcy court "may not . . . punish a criminal contempt not committed in the presence of the judge of the court or warranting a punishment of imprisonment." Rule 9020 does not enlarge the power of bankruptcy courts.

When a debtor files bankruptcy, the automatic stay protects the debtor from most litigation. [8] There are a number of statutory exceptions to the automatic stay, including criminal contempt actions, [9] but not civil contempt actions. [10] However, the statutorily enumerated exceptions are not exhaustive and courts have recognized other exceptions. [11]

Libby signed a more generalized waiver during the early course of the investigation granting journalists the right to testify about their conversations with him if they wished to do so. At least two .

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Judge finds Williamson County District Attorney Jana Duty guilty of contempt of court. Bankruptcy Petition Preparer Sentenced to Two Years in Prison for Contempt of Court U.S. Attorney’s Office March 03, 2010 District of Maryland (410) 209-4800

Norfolk bankruptcy petition preparer sentenced on fraud charge. disregarding a bankruptcy law and criminal contempt.. to retain attorneys or more expensive bankruptcy petition preparers.