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On behalf of Mich Michael Goldberg Pe me to spell -- L-i-n-k, first name is Scott, S.c-o-t-t. 18 18 Thank you, ma'am. Thank you, Judge. 19 PAUL G. CASSELL. Bytom (via telephone) On behalf of 1.51. EW and Jane Doe 19 MS. LEV1T: Good afternoon, your Honor. 20 20 Joan Levit for the liquidating trustee,
- an e-mail. He was 25 right. Let's call CourtCall. Page 7 I Paul Cassell. 2 THE COURT: Spell your last name for the 3 court reporter. 4 MR. CASSELL: Cassell is C-a-s-s-e-I-1. 5 THE COURT: And who are you representing in 6 this matter? 7 MR. CASSELL: I represent putative 8 intervenors L.M.,
he In Re: McClean case, 2 Courts have held, and we've cited them in 2 and countless other 11th Circuit cases, and lower court 3 our motion, that Bankruptcy Courts don't have the inherent 3 cases, that's seeking criminal contempt sanctions, which 4 power to find criminal contempt. 4 I've already discussed
Y NIALL McLAUCHLAN, Esquire JOSEPH IANNO, Esquire On behalf of Fowler White AKERMAN, LLP, by JOAN LEVIT, Esquire On behalf of Michael Goldberg PAUL G. CASSELL, Esquire (via telephone) On behalf of LM, EW and Jane Doe ALSO PRESENT EDWARD BRISCO ECRO - Electronic Court Reporting Operator OUELLETTE & MAUL
isting you today. ECRO: Thank you. We are ready for the call. OPERATOR: Thank you, ma'am. I'll go ahead and join counsel through. THE COURT: Mr. Cassell, are you on the phone? MR. CASSELL: Yes. Hi, this is OUELLETTE & MAULDIN COURT REPORTERS, INC. EFTA00787722 1 2 3 4 5 6 7 8 9 10 11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 provisions of Title 11. Courts have held, and we've cited them in our motion, that Bankruptcy Courts don't have the inherent power to find criminal contempt. Now based on the facts that I just laid out, I don't think there could ever be a basis fo
ntified on the service list below. SERVICE LIST Jack Scarola Sears Denn , Scarola, Barnhart & Shipley, P.A. yard Counsel for Bradley J. Edwards Paul G. Cassell S.J. Quinney College of Law at the University of Utah Counsel for LM., E.W. and Jane Doe Chad Pugatch, Esq. Bradley J. Edwards Brittany N. Hende
A. yard Counsel for Bradley J. Edwards Paul G. Cassell S.J. Quinney College of Law at the University of
ontempt powers only to Article III judges and that magistrates are not empowered to try criminal proceedings. As a result, the court concluded that Bankruptcy Courts do not have the inherent power to consider criminal contempt sanctions. See also In re Lickman, 288 B.R. 291, 292-93 (Bankr. M.D. Fla. 2003)(as Art
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