IN RE ROMM

3 Citing cases

  1. In re Walter G. Peckham and Courtney E. Peckham

    442 B.R. 62 (Bankr. D. Mass. 2010)

    Whether the sanctions against [the Debtor] are nondischargeable accordingly depends, not on whether they are labeled as “contempt” or as something else, but on whether the conduct leading to them was “willful and malicious.”Pearle Vision, Inc. v. Romm (In re Romm), 2006 WL 3692416 at *3 (Bankr.N.D.Ill.Dec.13, 2006). See also Suarez v. Barrett (In re Suarez), 400 B.R. 732, 736–37 (9th Cir. BAP 2009).

  2. In re Peckham

    442 B.R. 62 (Bankr. D. Mass. 2010)

    Whether the sanctions against the Debtor] are nondischargeable accordingly depends, not on whether they are labeled as "contempt" or as something else, but on whether the conduct leading to them was "willful and malicious." Pearle Vision, Inc. v. Romm (In re Romm), 2006 WL 3692416 at *3 (Bankr. N.D. Ill. Dec. 13, 2006). See alsoSuarez v. Barrett (In re Suarez), 400 B.R. 732, 736-37 (B.A.P. 9th Cir. 2009).

  3. In re DiGiovanni

    415 B.R. 120 (Bankr. E.D. Pa. 2009)   Cited 4 times
    Declining to use the same multi-factor test the court employed in a chapter 13 case and instead adopting a "more concise formulation" of four factors weighing whether the debtor is eligible, pursuing the protection of the stay honestly, and filing the case "to obtain legitimate bankruptcy law protection"

    Because § 523(a)(6) does not make monetary liabilities imposed in a contempt order nondischargeable per se, however, other courts have reasoned that "whether contempt sanctions are nondischargeable ... depends not on whether they are labeled as `contempt,' but on whether the conduct leading to them was `willful and malicious.'" See In re Suarez, 400 B.R. 732, 737 (9th Cir. BAP 2009); see also In re Romm, 2006 WL 3692416, at *3 (Bankr. N.D.Ill.Dec.13, 2006). Similarly, some courts have suggested that civil contempt sanctions may be nondischargeable under 11 U.S.C. § 523(a)(7), at least when they are "imposed to uphold the dignity and authority of the court."