IN RE ARMSTRONG

BAP No. UT-02-080, Bankruptcy No. 00-26592.

304 B.R. 432 (2004)

In re Donald E. ARMSTRONG, Debtor. Donald E. Armstrong, Appellant, v. Kenneth A. Rushton, Trustee, and Steppes Apartments, Ltd., Appellees.

United States Bankruptcy Appellate Panel for the Tenth Circuit.

January 27, 2004.


Attorney(s) appearing for the Case

Donald E. Armstrong, pro se.

Lon Jenkins of LeBoeuf, Lamb, Greene & MacRae, L.L.P. (Mark W. Dykes with him on the brief), Salt Lake City, UT, for Appellee Kenneth A. Rushton, Trustee.

Jeffrey L. Shields of Callister Nebeker & McCullough (Zachary T. Shields with him on the brief), Salt Lake City, UT, for Appellee Steppes Apartments Ltd.

Before McFEELEY, Chief Judge, NUGENT, and McNIFF, Bankruptcy Judges.


OPINION

MCFEELEY, Chief Judge.

Debtor/Appellant, Donald E. Armstrong ("Armstrong") appeals an order of the United States Bankruptcy Court for the District of Utah ("bankruptcy court") that assessed $5,000 in contempt sanctions against him. Armstrong argues that his due process rights were violated because the motion filed by Appellees Kenneth A. Rushton and Steppes Apartments, Ltd. (hereinafter when referred to jointly, "Appellees") requested civil contempt...

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