Legal Opinion

Stasz v. Gonzalez (In Re Stasz)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 15, 2008No. BAP No. CC-07-1367-MoCK. Bankruptcy No. LA 05-43980 AAPublishedCited by 15 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

In the matter before us we hold that an order of civil contempt issued in a contested matter within a main bankruptcy case, unlike in an adversary proceeding, is a final, appealable order. We publish this decision because it requires us to decide an issue of first impression in this circuit regarding the finality of this type of civil contempt order.

A Chapter 7 trustee obtained a bankruptcy court order requiring the debtor to appear at a Rule 2004 2 examination (“2004 examination”) and produce documents to the trustee. The debtor repeatedly failed to appear…

2Cases cited12 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Catlin v. United StatesSupreme Court of the United States · 1945
  3. Cunningham v. Hamilton CountySupreme Court of the United States · 1999
  4. In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
  5. In Re Rainbow Magazine, Inc., Debtor. Craig E. Caldwell v. Unified Capital Corp.Court of Appeals for the Ninth Circuit · 1996

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3Cited by15 opinions

  1. Fatsis v. Braunstein (In Re Fatsis)Bankruptcy Appellate Panel of the First Circuit · 2009
  2. Patricia Blair v. Bestwall, LLCCourt of Appeals for the Fourth Circuit · 2024
  3. Klestadt & Winters, LLP v. CangelosiCourt of Appeals for the Ninth Circuit · 2012
  4. W.S. Badcock Corp. v. BeamanUnited States Bankruptcy Court, E.D. North Carolina · 2015
  5. In re SmithUnited States Bankruptcy Court, D. Nevada · 2011

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