Legal Question in Bankruptcy in Illinois
Contempt of Court Failure to Appear
My sister was arrested for contempt of court - failure to appear. situation stems from bankrupcy. owe their bankrupcy lawyer. been paying $250 per month, then she lost her job. she found a new job, but at less pay. contacted the lawyer and thought it was set up to reduce monthly payment to $150. lawyer was to send the stipulation papers to sign. never received them or a notice to appear in court. they moved about 6 months ago the post offices and law office have new address. doesn't a notice to appear have to be mailed certified or registered? how can she prove that she did not know about the court date other than just her word? What should she do now?
1 Answer from Attorneys
contempt - failure to appear
What you have related can not be the whole story - the failure to pay her aattorney in and of itself is not a basis for contempt of court - if it is related to that issue most probably it arises out of a state court judgment against her for the legal fees.
If it relates to the bankruptcy, the failure top appear typically would result in a dismissal of the bankruptcy - not a contempt of court
On the other hand, it was your sister's duty to keep the court, and her attorney, advised of her current address at all times when the case was pending- there is also an issue of whether she legally owers her attorney anything - her discharge may discharge the legal fees - her attorney may be inciontempt if he proceeded for recover the fees - there is a case - in Massachusetss that holds the fees are discharged - I do not know if there is a case on that issue in this jurisdiction
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