One Bowling Green, home of the U.S. Bankruptcy Court, Southern District of New York. Civil Contempt and the Bankruptcy Court's Authority To Incarcerate the Recalcitrant Contemnor
An important recent decision that merits discussion is 'In the Matter of Kossoff PLLC' because it discusses whether a bankruptcy court has the authority to incarcerate a person who has committed civil contempt.
February 09, 2022 at 11:00 AM
6 minute read
An important recent decision that merits discussion is In the Matter of Kossoff PLLC, 2021 WL 5492186 (Bankr. S.D.N.Y. 2021), because it discusses whether a bankruptcy court has the authority to incarcerate a person who has committed civil contempt. In Kossoff, an involuntary bankruptcy petition was filed against a law firm because it was alleged that millions of dollars were missing from the firm's escrow account. The Chapter 7 Trustee, Albert Togut, sought to obtain information and documents from the court ordered representative of the law firm. Bankruptcy Judge Jones issued a series of court orders requiring the court-ordered representative to produce certain information and to fill out the schedules. The court-ordered representative failed to comply with various court orders.
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