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Sample motion for OSC for contempt for violations of the Bankruptcy Discharge Injunction


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This sample motion for OSC for contempt for violations of the Bankruptcy Discharge Injunction is filed pursuant to the Bankruptcy Court's contempt authority under § 105(a) of the United States Bankruptcy Code. The motion is designed to be filed by a Debtor against a Creditor that has willfully violated the Bankruptcy Discharge Injunction such as filing a State Court lawsuit after receiving notice that the Debtor has been granted a discharge. The motion requests that the Creditor be held in contempt and requests actual damages, emotional distress damages, punitive damages and attorney's fees and costs. The sample motion on which this preview is based is 30 pages and includes a memorandum of points and authorities with citations to Case law from the Ninth Circuit Court of Appeals, Bankruptcy Appellate Panel and the United States Bankruptcy Code , sample declarations for the Debtor and the Attorney for the Debtor, sample Request for Judicial Notice and sample Proposed Order Re: Contempt The sample motion is in Microsoft Word format and can be easily modified for most situations. The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.

Published in: Law
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Sample motion for OSC for contempt for violations of the Bankruptcy Discharge Injunction

  1. 1. 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 26 27 28 Any Party or Attorney Any Street Any Town, CA 55555 714-555-5555 Any Party or Attorney UNITED STATES BANKRUPTCY COURT ___________ DISTRICT OF ______________ In re: Any Debtor, Debtors, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Chapter 7 NOTICE OF MOTION AND MOTION FOR CONTEMPT AND FOR ISSUANCE OF (1) AN ORDER TO SHOW CAUSE RE: CONTEMPT WHY ___________SHOULD NOT BE HELD IN CONTEMPT OF COURT FOR VIOLATION OF THE DISCHARGE INJUNCTION; (2) FOR A DETERMINATION THAT THE PENDING STATE ACTION IS VOID; MEMORANDUM OF POINTS & AUTHORITIES; DECLARATIONS IN SUPPORT THEREOF; EXHIBITS (FRBP 9020 AND LBR 9020-1) TO THE HON. _________, UNITED STATES BANKRUPTCY JUDGE, _________________, Creditor, HIS COUNSEL, IF ANY, AND ANY OTHER INTERESTED PARTIES: PLEASE TAKE NOTICE THAT Debtor, __________ ("Debtor"), by and through his attorney, ________, hereby does and will move this Court for an ORDER TO SHOW CAUSE RE: CONTEMPT FOR VIOLATION OF THE DISCHARGE INJUNCTION against ___________ a - 1 -
  2. 2. 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 26 27 28 Creditor in this case, and for a determination that the case pending in __________ Case Number - _________ is void. If you oppose this motion, you must file and serve a written response no later than 14 days prior to the hearing and appear at the hearing. Failure to do so may result in the relief requested being granted without further notice or hearing. Be further advised that a hearing on this motion will only be held if the Court grant's Debtor's request and issues an Order to Show Cause re: Contempt which is submitted concurrently herewith. Dated_________________________ _______________________________________ ANY ATTORNEY OR PARTY Research your local Court rules to determine if there are any specific requirements regarding a motion for an OSC regarding contempt. Be sure to modify these paragraphs to suit your individual situation. Do NOT just use the wording here unless it definitely applies to your particular situation. Do NOT ask for attorney’s fees unless you are represented by an attorney. - 2 -
  3. 3. 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 26 27 28 MOTION FOR CONTEMPT AND MOTION FOR ORDER TO SHOW CAUSE The Debtor seeks sanctions and enforcement of the Discharge against a creditor,__________________. FACTS AND BACKGROUND 1. Movant is ___________, who is an individual and who is one of the Debtors in the underlying Chapter 7 case. 2. Respondent is ____________, a natural person, who lives and conducts business in the State of California, and is a putative creditor in the underlying Chapter 7 case. 3. Debtor filed a Chapter 7 bankruptcy petition on ____________, in which he did not list on his Schedule F alleged creditor ______________). (See attached as Exhibit A, a true and correct copy of Debtor's Chapter 7 petition, including the Debtor's Schedule F). JURISDICTION AND VENUE 4. This Court has jurisdiction pursuant to 28 U.S.C. §1334. This Motion is a core proceeding pursuant to 28 U.S.C. §157. 5. Venue for this action is proper pursuant to 28 U.S.C. ¶1409 in that is arises from or relates to the above-entitled bankruptcy proceeding filed by the Plaintiff under Chapter 7 of the Bankruptcy Code in the _______ District of _________, ________ Division. To purchase the entire 30 page document visit: osc-for-contempt-for-violations-of-the-bankruptcy-discharge- injunction - 3 -