Charbono v. Sumski (In re Charbono)
- Summarized by David Baker , Law Office of David G. Baker
- 8 years 9 months ago
- Citation:
- 14-2151
- Tag(s):
-
- Ruling:
- District court's order affirmed. The modest sanction that was imposed was well within the bankruptcy court's inherent powers and did not amount to a criminal sanction.
- Procedural context:
- This is an appeal from the bankruptcy court's sanctioning of the debtor in the amount of $100 for failing to provide timely a copy of a post-confirmation tax return or a request for an extension. District court affirmed.
- Facts:
- Chapter 13 debtor's confirmation order requires debtor to provide trustee with a copy of tax returns filed during the case, within 7 day of filing them. When debtor failed to comply, trustee sought to dismiss the case or a $200 sanction. The debtor objected to the motion, and before the hearing, provided a request for an extension. Accordingly the trustee did not press for dismissal, but still sought the monetary sanction. Court reduced the sanction to $100.
- Judge(s):
- Howard, Selya (author) and Kayatta
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!