Charbono v. Sumski (In re Charbono)

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

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