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Posted by / 02-Apr-2020 02:14

Liquidating damages calculation for hud construction

The state court ruled that the debtor "returned to the fray" and thereby made himself liable for post-discharge attorneys' fees.

In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up

In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up $1.4 million belonging to the estate.

Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.

We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.

The bankruptcy judge imposed civil contempt sanctions of $1.4 million and $1,000 a day until the debtor complied.

The district court upheld the sanctions except for $1,000 a day, ruling that sanctions could not exceed the amount to be turned over.

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In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up $1.4 million belonging to the estate.Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.The bankruptcy judge imposed civil contempt sanctions of $1.4 million and $1,000 a day until the debtor complied.The district court upheld the sanctions except for $1,000 a day, ruling that sanctions could not exceed the amount to be turned over.

.4 million belonging to the estate.Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.The bankruptcy judge imposed civil contempt sanctions of

In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up $1.4 million belonging to the estate.

Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.

We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.

The bankruptcy judge imposed civil contempt sanctions of $1.4 million and $1,000 a day until the debtor complied.

The district court upheld the sanctions except for $1,000 a day, ruling that sanctions could not exceed the amount to be turned over.

||

In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up $1.4 million belonging to the estate.Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.The bankruptcy judge imposed civil contempt sanctions of $1.4 million and $1,000 a day until the debtor complied.The district court upheld the sanctions except for $1,000 a day, ruling that sanctions could not exceed the amount to be turned over.

.4 million and

In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up $1.4 million belonging to the estate.

Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.

We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.

The bankruptcy judge imposed civil contempt sanctions of $1.4 million and $1,000 a day until the debtor complied.

The district court upheld the sanctions except for $1,000 a day, ruling that sanctions could not exceed the amount to be turned over.

||

In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up $1.4 million belonging to the estate.Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.The bankruptcy judge imposed civil contempt sanctions of $1.4 million and $1,000 a day until the debtor complied.The district court upheld the sanctions except for $1,000 a day, ruling that sanctions could not exceed the amount to be turned over.

,000 a day until the debtor complied.The district court upheld the sanctions except for

In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up $1.4 million belonging to the estate.

Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.

We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.

The bankruptcy judge imposed civil contempt sanctions of $1.4 million and $1,000 a day until the debtor complied.

The district court upheld the sanctions except for $1,000 a day, ruling that sanctions could not exceed the amount to be turned over.

||

In the Ninth Circuit case, a debtor defied a turnover order by refusing to cough up $1.4 million belonging to the estate.Because an unreasonable belief is not grounds for a finding of contempt, an argument evidently must be at least frivolous before there is contempt.We submit that the appeals court could have reached the same result on more narrow grounds by finding good faith since the trial judge in state court supported the creditors' belief by ruling that the injunction did not apply.The bankruptcy judge imposed civil contempt sanctions of $1.4 million and $1,000 a day until the debtor complied.The district court upheld the sanctions except for $1,000 a day, ruling that sanctions could not exceed the amount to be turned over.

,000 a day, ruling that sanctions could not exceed the amount to be turned over.

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The debtor appealed the BAP's opinion to the Ninth Circuit, where Circuit Judge Carlos T. In the process, he expanded the defenses available to someone charged with contempt of a discharge injunction.

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