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In re Madden
Citation: 576 B.R. 579Docket: Case No. DG 13-00131
Court: United States Bankruptcy Court, W.D. Michigan; November 17, 2017; Us Bankruptcy; United States Bankruptcy Court
The court issued an Order Regarding Arrest Warrants for Debtors Robert and Melanie Madden due to their non-compliance with a prior Turnover Order, which required them to account for post-petition inheritances. The court previously granted a Motion for Order of Civil Contempt against them, serving the order at their recorded addresses as required by bankruptcy rules. Although the court initially provided the Debtors an opportunity to purge their contempt by postponing a $25.00 per diem sanction and scheduling a court appearance for November 16, 2017, the Debtors failed to appear. At the hearing, the Trustee’s counsel requested the issuance of arrest warrants due to the Debtors' history of disobedience. The court acknowledged its authority to enforce compliance through arrest but chose to delay issuing warrants until after Thanksgiving, allowing the Debtors one last chance to comply. If the Debtors do not purge their contempt by November 27, 2017, the court will issue two arrest warrants for their apprehension to ensure compliance with the Turnover Order. The court emphasized that the Turnover Order is mandatory, not advisory, and urged the Debtors to communicate with the Trustee to avoid arrest. The Clerk is directed to transmit signed arrest warrants to the United States Marshal and serve copies of the order to relevant parties, including the Debtors and the United States Trustee.