IN RE KEVIN CHARBONO, Debtor. KEVIN CHARBONO, Appellant,
LAWRENCE P. SUMSKI, Trustee, Appellee
[Copyrighted Material Omitted]
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE. Hon. Steven J. McAuliffe, U.S. District Judge. Hon. J. Michael Deasy, U.S. Bankruptcy Judge.
Michelle Kainen, with whom Kainen Law Office, PC was on brief, for appellant.
Tara Twomey, Ray DiGuiseppe, and National Consumer Bankruptcy Rights Center on brief for National Association of Consumer Bankruptcy Attorneys, amicus curiae.
Lawrence P. Sumski for appellee.
Before Howard, Selya and Kayatta, Circuit Judges.
SELYA, Circuit Judge.
This appeal poses the question of whether a bankruptcy court has inherent power to sanction parties for noncompliance with court orders. We hold that it does -- and we reject the debtor's attempt to subsume this power within the bankruptcy court's authority to punish for criminal contempt. After placing the sanction imposed by the bankruptcy court in perspective, we conclude that the district court did not err in upholding it.
Facing straitened circumstances, Kevin Charbono (the debtor) filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code. See 11 U.S.C. § § 1301-1330. The bankruptcy court appointed Lawrence P. Sumski as Trustee, and the court ...