Alsobrooks
Alsobrooks v. Logsdon
Opinion
Lead Opinion
MEMORANDUM *
Appellants Gwendolyn Alsobrooks and Robbins & Keehn, APC, appeal the order of the United States Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) affirming the bankruptcy court’s order holding them in contempt. We have jurisdiction pursuant to 28 U.S.C. § 158 (d) and we REVERSE.
The bankruptcy court entered a Dischargeability Order that discharged several obligations of Richard Logsdon, husband of appellant Alsobrooks, including those for “house repairs,” but that expressly excluded “spousal support” payments from discharge. After that order issued, appellant Alsobrooks continued to accept a $269-per-month payment authorized by the family court. 1 Although those monies were for house repairs, the family court had designated them as “spousal support.” Logsdon moved the bankruptcy court to issue an order to show cause why Alsobrooks should not be held in contempt for violating the Dischargeability Order by her continuing to accept the $269-per-month payment. The bankruptcy court issued a Contempt Order holding appellants in contempt and sanctioning them. 2 The bankruptcy court denied appellants’ subsequent motion for relief from the Contempt Order and the BAP…