Two more bankruptcy preparers facing possible criminal contempt charges

The federal circuits are split on the statutory basis for bankruptcy courts’ criminal contempt jurisdiction. It has been recognized in some federal circuits that bankruptcy judges enjoy jurisdiction to conduct criminal contempt hearings along with the power to punish contemnors with imprisonment, probation and fines.

Contempt of court generally refers to conduct that defies, disrespects or insults the authority or dignity of a court. Learn more about criminal contempt, and related topics, by visiting FindLaw’s section on Crimes Against the Government.

Bankruptcy petition preparers charge a few hundred dollars. for the documents required in a Chapter 7 or Chapter 13 Personal Bankruptcy petition. As with any other process, a petition preparer may not give you legal advice, and may not represent you in court. Your preparer is not allowed to tell you which type of bankruptcy you should file.

If held on a judgement of civil contempt charge, though i have no money or assets, can i file bankruptcy and the charges go away I am suppose to pay 55k to my childs mother under a judgement of civil.

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 · what is the consequencs or penalty for contempt of congress?. There are two contempt charges facing Eric Holder. The criminal contempt of congress can result in jail time if he is taken to criminal court. The problem is that the justice department, which he is the head of, makes the decision to take him to criminal court.

What does it mean to be in contempt of court? When a debtor files bankruptcy, the automatic stay protects the debtor from most litigation. [8] There are a number of statutory exceptions to the automatic stay, including criminal contempt actions, [9] but not civil contempt actions. [10] However, the statutorily enumerated exceptions are not exhaustive and courts have recognized other exceptions. [11]

Because the purpose is punishment, a person facing a criminal contempt charge is generally entitled to similar protections as other criminal defendants. So, whatever the test may be, the government must establish the elements of criminal contempt beyond a reasonable doubt. That said, there may be procedural differences from other cases.

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A bankruptcy fraud attorney from Bukh Law Firm can also assist you in raising defenses to bankruptcy fraud charges including: Lack of intent to defraud. Insufficient proof of a fraud offense. Remember, you do not have to prove that you did not commit bankruptcy fraud in order to avoid being convicted and facing serious criminal penalties.

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