Dye
Dye v. Patison
Opinion
Lead Opinion
MEMORANDUM **
Appellant James L. Patison appeals the district court’s April 2, 2001 order for his arrest and detention (appeal no. 01-55602) and the district court’s April 2, 2001 order affirming the bankruptcy court’s order of civil contempt (appeal no. 01-55780). 1 Patison was held in contempt for refusing to appear and testify at a judgment debtor examination pursuant to the bankruptcy court’s orders. 2 We reverse.
This court reviews a civil contempt order for abuse of discretion. See FTC v. Affordable Media, 179 F.3d 1228, 1239 (9th Cir.1999). A witness in a proceeding before or ancillary to any court of the United States who refuses without just cause to comply with an order of court to testify or provide other information may be held in civil contempt. See 28 U.S.C. § 1826 .
Appellant contends that his refusal to attend a judgment debtor examination was justified because the order providing notice of the examination pursuant to California Code of Civil Procedure § 708.110(d) was not personally delivered to him. This contention has merit.
A judgment in bankruptcy court is enforced by reference to Federal Rule of Civil Procedure 69. See Fed. R. Bankr.P. 7069. Rule 69(a)…