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Jones Day

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

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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

Patterson Belknap Webb & Tyler LLP

Ex-Con Held in Civil Contempt but Escapes Incarceration (For Now)

Patterson Belknap Webb & Tyler LLP on

Bankruptcy Judge James J. Tancredi appeared to give a chapter 7 debtor one last chance to avoid being incarcerated. In adversary proceedings arising out of the bankruptcy of a thrice-convicted former stockbroker, In re...more

Patterson Belknap Webb & Tyler LLP

Considering the Conduct of Two PPP “Fraudsters,” Bankruptcy Court Shows Its Teeth but Declines to Bite (For Now)

Patterson Belknap Webb & Tyler LLP on

“Messrs. Woods and Wu are fraudsters,” Judge Christopher S. Sontchi declared in the opening salvo of his scathing opinion. According to the former Chief Judge of the U.S. Bankruptcy Court for the District of Delaware, Woods...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

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