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Oral Order Supports Civil Contempt, Fifth Circuit Rules

By Barry Barnett on November 11, 2009

A bankruptcy judge tells you, from the bench, “don’t do X”.  You can’t do X, right?  Even if the judge hasn’t signed an order, true?

Except that you didn’t go to the hearing because you thought the court just might — let’s face it, probably would — instruct you not to do X.  Because you really really wanted to do X.  And you thought that, if you actually heard the judge’s voice, you’d have to obey.  Otherwise not.  Then you did X, as you planned all along.  Could the judge hold you in contempt?

Yes.  Ingalls v. Thompson (In re Bradley), No. 08-50587 (5th Cir. Nov. 11, 2009).

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  • Posted in:
    Civil Litigation, Class Action & Mass Torts, Corporate & Commercial
  • Blog:
    The Contingency
  • Organization:
    Barry Barnett, Esq.
  • Article: View Original Source

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