Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• determining that a fixed fine of $1,000 imposed by the bankruptcy court was an impermissible criminal penalty for a civil contempt
• vacating a sanction for criminal contempt because the sanction was imposed without a finding of criminal contempt established beyond a reasonable doubt
• finding the bankruptcy court’s finding of contempt was supported by “clear and convincing evidence” where the court “clearly and unambiguously” directed debtor to turn over documents to Trustee and debtor refused to comply
• “[s]anctions which accrue daily until compliance are generally civil, while fixed penalties are usually criminal and, unlike civil contempt, cannot be purged.”

Source: CourtListener parenthetical corpus (CC0).