Legal Question in Bankruptcy in Maryland

Re: Judgement

In order for contempt to lie there must be an underlying judicial order to do or refrain from doing something.

If your bakruptcy filing reaffirmed debts, it is possible for contempt to lie but this is not likely as it would not

avail the creditor of a remedy. Contempt in bankruptcy would likely result where the debtor incessantly refused to conform to

the plan for affirmation. Contact an attorney immediately as bankruptcy matters often require timely action.

Re: Judgement

Need a lot more facts to give an useful answer to your question. Is this chapter 7 or chapter 13? I presume chapter 7; presume that there was a statement of intent to retain and reaffirm the debts on the house and car (both of which obligations were in default at the time of the filing). Debtors DO have an obligation to actually do what they say in their statement of financial affairs attached to the petition. Theoretically, failure to do so could lead to a contempt order -- however, the more typical result would be actions by the creditors to simply lift the stay and take back the collateral.

Whatever the court has done, you need to talk to a competent bankruptcy atty ASAP -- NOW!!!. Many things can be fixed if you move quickly that cannot be fixed once a certain amount of time has passed.

I would be happy to evaluate your case and/or refer you to counsel if I am not able to assist. Please contact me at the numbers listed below.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Judgement

It depends. Normally, no. And generally you can't be held in contempt for not paying. However, if for example the order to pay the house and car debts was included in a divorce decree or agreement as child or spousal support, it is not discharged and is the kind of debt where contempt can be used to enforce it. You need to consult with a competent bankruptcy lawyer and discuss the facts in detail, as the actual facts can make a big difference.