Am. Bank & Trust Co. v. Moyer (In re Moyer), 51 B.R. 302 (Bankr.D.Utah)
PUBLISHED
Chapter 13 debtors obtained confirmation of their plan from the court. Shortly thereafter, creditor filed an adversary complaint against debtors, to which debtors counterclaimed. The court set the matter for an expedited 2-hour trial to take place approximately 4 months later. On the day prior to trial, debtors' counsel informed the court that the parties had settled and the trial could be stricken. Pursuant to the scheduling order, the court assessed plaintiff's and debtors' attorneys with costs, in the amount of $25 each. Plaintiff's attorney paid the assessment by the deadline, but debtors' attorney did not pay the assessment at all, and argued at a subsequent hearing that the assessment was improper. The court held that it had authority to assess reasonable expenses under Fed. R. Civ. P. 16(f) [Bankr. Rule 7016], and that it had authority to enforce its assessment by contempt pursuant to Fed. R. Civ. P. 37(b)(2) [Bankr. R. 7037]. Therefore, the court imposed an additional sum of $10 on debtors' attorney for his contempt of court in failing to timely pay the previous assessment.