In the Matter of Ruben JOHNSON, Debtor. Mary Carol CUNNINGHAM, Appellant, v. R. Glen AYERS, Jr., Appellee

WISDOM, Circuit Judge:

This is an appeal from an order issued by former Bankruptcy Judge R. Glen Ayers, Jr. holding Mary Carol Cunningham in contempt of court. Because we agree with appellant Cunningham that Judge Ayers should have recused himself from conducting the contempt proceeding, we REVERSE the district court’s affirmation of the contempt order. We VACATE the contempt order.

BACKGROUND

Cunningham, who was serving as a Chapter 7 Bankruptcy Trustee, was held in contempt along with Beth Fielding Siever, who was serving as attorney for the trustee, for their participation in certain events…