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?
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
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
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