Central District Consumer Bankruptcy Attorney's Association

I do not think a sanction is dischargeable if the payee is the Court. If
the payee is another party then there is a question of fact whether it is
dischargeable. You would have to consider if the sanction is to compensate
the other party (dischargeable) or to uphold the dignity of the Court
(nondischargeable).
In re Hercules Enterprises, Inc., 387 F. 3d 1024 - Court of Appeals, 9th
Circuit 2004
Very strong dicta on page 1029 starting on the 3rd paragraph.
Sincerely,
Michael Avanesian
On Wed, Jul 9, 2014 at 7:23 PM, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> Thank you Dennis and Stella for answering. However, this is not an ORAP.
> Its an OSC for not complying with a turnover order. I was just comparing
> it to an ORAP, hoping there was no possible jail time.
>
>
>
> So if he doesnt show up to an OSC, can he do jail time?
>
>
>
> Steve
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, July 09, 2014 4:59 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Civil Contempt Order Just Prior to Filing
>
>
>
>
>
> If you file a notice of bankruptcy in the state court holding the orap, or
> have the debtor show up with a notice of bk, the court will not issue a
> warrant. I often tell the client to take the notice to the hearing to make
> sure they do not have to spend a weekend in jail for missing the orap.
>
> d
>
>
>
I do not think a sanction is dischargeable if the payee is the Court. If the payee is another party then there is a question of fact whether it is dischargeable. You would have to consider if the sanction is to compensate the other party (dischargeable) or to uphold the dignity of the Court (nondischargeable).
In re Hercules Enterprises, Inc., 387 F. 3d 1024 - Court of Appeals, 9th Circuit 2004Very strong dicta on page 1029 starting on the 3rd paragraph.
Sincerely, Michael AvanesianOn Wed, J
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Reply-To: vicki temkin
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To: cdcbaa@yahoogroups.com
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Answering the last question, if you're talking about state court, if he doesn't show up for an ORAP the judge can issue a warrant which is held for a future court date to appear, then if no appearance, the warrant hold is lifted and issued by the sheriff.
Vicki
Law Office of Vicki L. Temkin
mailing address:
15021 Ventura Blvd., Ste. 753Sherman Oaks, Ca 91403
Tel: (818) 501-4658
Fax: (818) 501-0903
www.vtemkinlaw.com
________________________________
From: "'Steven B. Lever' sblever@leverlaw.com [cdcbaa]"
To: cdcbaa@yahoogroups.com
Sent: Tuesday, July 8, 2014 4:52 PM
Subject: [cdcbaa] Civil Contempt Order Just Prior to Filing
Im between a rock and a hard place on deciding when to file a case, and there are several factors.
One factor Id like to rule out, is an OSC re Contempt against my client scheduled for hearing the middle of the month. I want to file after that hearing by just a few days for the other factors. The OSC is for failure to comply with a turnover order on a writ of possession.
Suppose the judge levies sanctions against him for contempt. Isnt that just one more debt to throw on the boatload of debt that will be discharged in this Chapter 7? I dont believe it is nondischargeable under 11 U.S.C. 523(a)(7) as a fine, penalty or forfeiture payable to and for the benefit of a government entity.
Is there something Im not considering that I should be that would force me to file earlier? Can they arrest him like if he doesnt show up to a Debtors Exam (ORAP)?
Thank you in advance.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
> ******************************************************
> This Internet e-mail contains confidential information
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I'm between a rock and a hard place on deciding when to file a case, and there are several factors.
One factor I'd like to rule out, is an OSC re Contempt against my client scheduled for hearing the middle of the month. I want to file after that hearing by just a few days for the other factors. The OSC is for failure to comply with a turnover order on a writ of possession.
Suppose the judge levies sanctions against him for contempt. Isn't that just one more debt to throw on the boatload of debt that will be discharged in this Chapter 7? I don't believe it is nondischargeable under 11 U.S.C. it of a government entity.
Is there something I'm not considering that I should be that would force me to file earlier? Can they arrest him like if he doesn't show up to a Debtor's Exam (ORAP)?
Thank you in advance.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
> ******************************************************
> This Internet e-mail contains confidential information
> which is intended only for the addressee and which may
> be privileged under applicable law. Do not read, copy
> or disseminate it if you are not the addressee. If you
> have received this message in error, please notify the
> sender immediately and delete it. Thank you.
> ******************************************************

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