Sample Motion For OSC For Contempt For Violations of The Discharge Injunction
Uploaded by
Stan BurmanSample Motion For OSC For Contempt For Violations of The Discharge Injunction
Uploaded by
Stan Burman1 Any Party or Attorney
Any Street
2 Any Town, CA 55555
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714-555-5555
4 Any Party or Attorney
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UNITED STATES BANKRUPTCY COURT
7 ___________ DISTRICT OF ______________
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In re: ) Case No.
9 )
) Chapter 7
10 Any Debtor, )
) NOTICE OF MOTION AND MOTION FOR
11 Debtors, ) CONTEMPT AND FOR ISSUANCE OF (1) AN
)
12 ) ORDER TO SHOW CAUSE RE: CONTEMPT
) WHY ___________SHOULD NOT BE HELD IN
13 ) CONTEMPT OF COURT FOR VIOLATION OF
) THE DISCHARGE INJUNCTION; (2) FOR A
14 ) DETERMINATION THAT THE PENDING
)
15 ) STATE ACTION IS VOID; MEMORANDUM
) OF POINTS & AUTHORITIES;
16 ) DECLARATIONS IN SUPPORT THEREOF;
) EXHIBITS
17 )
)
18 ) (FRBP 9020 AND LBR 9020-1)
)
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TO THE HON. _________, UNITED STATES BANKRUPTCY JUDGE,
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_________________, Creditor, HIS COUNSEL, IF ANY, AND ANY OTHER INTERESTED
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PARTIES:
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24 PLEASE TAKE NOTICE THAT Debtor, __________ ("Debtor"), by and through his
25 attorney, ________, hereby does and will move this Court for an ORDER TO SHOW CAUSE RE:
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CONTEMPT FOR VIOLATION OF THE DISCHARGE INJUNCTION against ___________ a
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1 Creditor in this case, and for a determination that the case pending in __________ Case Number -
2 _________ is void.
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If you oppose this motion, you must file and serve a written response no later than 14 days
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prior to the hearing and appear at the hearing. Failure to do so may result in the relief requested
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being granted without further notice or hearing.
7 Be further advised that a hearing on this motion will only be held if the Court grant's
8 Debtor's request and issues an Order to Show Cause re: Contempt which is submitted concurrently
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herewith.
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11 Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
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Research your local Court rules to determine if there are any
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specific requirements regarding a motion for an OSC regarding
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17 contempt.
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Be sure to modify these paragraphs to suit your individual
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20 situation. Do NOT just use the wording here unless it definitely applies
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to your particular situation. Do NOT ask for attorney’s fees unless you
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23 are represented by an attorney.
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MOTION FOR CONTEMPT AND MOTION FOR ORDER TO SHOW CAUSE
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The Debtor seeks sanctions and enforcement of the Discharge against a
4 creditor,__________________.
5 FACTS AND BACKGROUND
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1. Movant is ___________, who is an individual and who is one of the Debtors in the underlying
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Chapter 7 case.
8 2. Respondent is ____________, a natural person, who lives and conducts business in the State of
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California, and is a putative creditor in the underlying Chapter 7 case.
10 3. Debtor filed a Chapter 7 bankruptcy petition on ____________, in which he did not list on his
11 Schedule F alleged creditor ______________). (See attached as Exhibit A, a true and correct
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copy of Debtor's Chapter 7 petition, including the Debtor's Schedule F).
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JURISDICTION AND VENUE
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4. This Court has jurisdiction pursuant to 28 U.S.C. §1334. This Motion is a core proceeding
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16 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
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above-entitled bankruptcy proceeding filed by the Plaintiff under Chapter 7 of the Bankruptcy
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19 Code in the _______ District of _________, ________ Division.
To purchase the entire 30 page document visit:
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https://legaldocspro.myshopify.com/products/sample-motion-for-
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22 osc-for-contempt-for-violations-of-the-bankruptcy-discharge-
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injunction
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