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Bankruptcy Court › Sanctions › Civil Contempt Orders

Jones Day

Second Circuit: Bankruptcy Courts Have Inherent Authority to Impose Civil Contempt Sanctions

Jones Day on

Because bankruptcy courts were created by Congress rather than under Article III of the U.S. Constitution, there is a disagreement over whether bankruptcy courts, like other federal courts, have "inherent authority" to impose...more

Ward and Smith, P.A.

"My Lawyer Made Me Do It" is Not an Absolute Defense to Bankruptcy Court Sanctions

Ward and Smith, P.A. on

Last year, we offered a lesson and a moral from a North Carolina district court decision reversing a $115,000 sanctions order by a North Carolina bankruptcy court.  The lesson from the case was that the bankruptcy court...more

Ward and Smith, P.A.

Use Clarity to Avoid Contempt in Bankruptcy

Ward and Smith, P.A. on

This is a story about contempt and clarity - It comes to us from a July 2021 North Carolina district court decision reversing a $115,000 sanctions order by a North Carolina bankruptcy court. The story offers a lesson and...more

Smith Debnam Narron Drake Saintsing & Myers,...

District Court Reverses Bankruptcy Court Order Imposing Sanctions on Mortgage Servicer

Smith Debnam Narron Drake Saintsing & Myers,... on

The U.S. District Court for the Eastern District of North Carolina recently reversed an order of the U.S. Bankruptcy Court for the Eastern District of North Carolina. The bankruptcy court order held mortgage servicer Newrez,...more

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