In Re Steven Kelly Kaptain, Case No. 01-04-00001, Court of Appeals of Texas, First District, Houston, 2004 Tex. App. Lexis 1123

Peter Walter Weston

Case Conclusion Date:February 5, 2004

Practice Area:Bankruptcy / Chapter 7

Outcome:Original proceeding on Petition for Writ of Habeas Corpus, Granted

Description:Debtor had received a discharge in chapter 7, was jailed for owing past due child support, has lost his business and assets, and had no ability to pay after serving six months as punitive incarceration for criminal contempt. An order of contempt imposing coercive restraint is void if the condition for purging contempt is impossible of performance. The debtor was immediately released from incarceration. The trial court later lost its bid for re-election.

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