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?


Asked on 2/17/98, 12:14 pm

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN

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

This transmission does not create an attorney-client relationship. We will not represent anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific problem, seek the services of a knowledgeable attorney in your area.

Read more
Answered on 2/21/98, 1:04 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Illinois