Clearwater-Thompson
Clearwater-Thompson v. Michael A. Grassmueck, Inc.
Opinion
Lead Opinion
Noonan, J.
Becky Clearwater-Thompson (the appellant) appeals her conviction of criminal contempt by the - district court. We reverse.
PROCEEDINGS
On March 23, 1995 the appellant filed a voluntary petition for bankruptcy under chapter 13 of the Bankruptcy Code. On February 27, 1996, on motion of the First Inter *1237 state Bank of Oregon (FIOR), the bankruptcy judge issued an oral order restraining the appellant from removing an antique bar from the Union Club in Medford, Oregon; on March 11, 1996 this order was reduced to writing. In April 1996 the appellant allowed her father and brother to remove the bar and sell it for $1,500. On June 24, 1996 FIOR moved to hold the appellant in criminal contempt, seeking return of the bar, a $5,000 fíne, and attorney’s fees.
The attorney for FIOR prosecuted this motion before the bankruptcy judge. The appellant presented her own and her lawyer’s excuses for her being unaware of the restraining order. The bankruptcy judge found that the appellant was aware of the order before the April 1996 sale and ruled that she was “in criminal contempt of the court.” As a sanction for this criminal contempt, the bankruptcy court held that she should be fined $5,000…