Milton, PA asked in Bankruptcy, Personal Injury and Civil Litigation for Florida

Q: Can Civil Case Contempt affected by Bankruptcy filing?

UPDATE: I can't find where to respond to answers, so I will try to clarify better. There was a court order to both parties in the case to cease all public/private communications about the other in all forms, directly or indirectly, during active litigation. In the meantime, defendant filed bankruptcy and the case was appropriately stayed pending that outcome. However, the defendant resumed full violation of the previous court "gag order" in the meantime by resuming public/private communications about the plaintiff and in regards to the case. Hopefully that explains better?

If a defendant is in Contempt of a court order in a civil case, but the case is stayed due to defendant filing bankruptcy and if the defendant continues to violate earlier court order, does the plaintiff have any recourse for Contempt despite the defendant's bankruptcy filing that is unrelated to the initial lawsuit? Does the defendant get a free pass to violate previous standing court orders at this point?

2 Lawyer Answers
Stuart Nachbar
Stuart Nachbar
  • Bankruptcy Lawyer
  • Livingston, NJ

A: Make a Motion to Vacate the Stay, and return to the State Court or have your counsel provide the information of the Contempt to the Trustee and present same to the bankruptcy Court

Timothy Denison agrees with this answer

Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Mr. Nachbar's answer as a potential strategy, but your issue depends on what the party was held on contempt for and of course whether you are a listed creditor in the bankruptcy case. If the only reason for the contempt is failure to comply with post-judgment (collection) discovery proceedings, such as asset and income disclosures, you probably won't be able to get the stay lifted, as the whole point of the bankruptcy is to discharge judgment debts (probably amongst other debts). Regardless of the reason for contempt, you should have an attorney review the matter to be certain of your rights.

Timothy Denison agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.