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Looking for sample motion for contempt for violation of
Hi Holly: I have had success sending a letter demanding 250 bucks along
with a dismissal for the client's attorneys fees for me having to write the
letter and explaining it to them why they can't sue the client.
Good Luck
Renay
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
On Sun, Jun 23, 2013 at 10:46 PM, Holly Roark wrote:
> **
>
>
> I reviewed the local rules and don't see any requirement that we first
> write the creditor a "cease and desist" type of letter before we file the
> motion to reopen and a motion for sanctions for violation of the discharge
> injunction, however, I am wondering whether this is nevertheless the common
> (and expected) practice? Do you give the creditor a chance to fix its
> mistake or do you just write them and demand they cease and desist and by
> the way you're filing a motion?
>
> I have a case (BB) where after the debtor's discharge the creditor went
> ahead and sued the debtor on a personal guaranty (along with several other
> parties). I checked the service list to make sure the creditor had been
> listed and it was, so I don't see any excuse for it to not know it
> shouldn't have sued the debtor. I am wondering what is the best way to
> proceed: write the creditor and ask them to dismiss debtor/defendant and
> advise that if they don't ASAP, I will file a motion for sanctions, OR
> write them but still file my motion(s)?
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
>
>
Hi Holly: I have had success sending a letter demanding 250 bucks along with a dismissal for the client's attorneys fees for me having to write the letter and explaining it to them why they can't sue the client.
Good Luck
RenayR. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (818) 554-9922NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
On Sun, Jun 23, 2013 at 10:46 PM, Holly Roark <hollyroark22@gmail.com> wrote:
I reviewed the local rules and don't see anyrequirement that we first write the creditor a "cease and desist" type of letter before we file the motion to reopen and a motion for sanctions for violation of the discharge injunction, however, I am wondering whether this is nevertheless the common (and expected) practice? Do you give the creditor a chance to fix its mistake or do you just write them and demand they cease and desist and by the way you're filing a motion?
I have a case (BB) where after the debtor's discharge the creditor went ahead and sued the debtor on a personal guaranty (along with several other parties). I checked the service list to make sure the creditor had been listed and it was, so I don't see any excuse for it to not know it shouldn't have sued the debtor. I am wondering what is the best way to proceed: write the creditor and ask them to dismiss debtor/defendant and advise that if they don't ASAP, I will file a motion for sanctions, OR write them but stillfile my motion(s)?
Holly RoarkCertified Bankruptcy Specialist*
The post was migrated from Yahoo.
I reviewed the local rules and don't see any requirement that we first
write the creditor a "cease and desist" type of letter before we file the
motion to reopen and a motion for sanctions for violation of the discharge
injunction, however, I am wondering whether this is nevertheless the common
(and expected) practice? Do you give the creditor a chance to fix its
mistake or do you just write them and demand they cease and desist and by
the way you're filing a motion?
I have a case (BB) where after the debtor's discharge the creditor went
ahead and sued the debtor on a personal guaranty (along with several other
parties). I checked the service list to make sure the creditor had been
listed and it was, so I don't see any excuse for it to not know it
shouldn't have sued the debtor. I am wondering what is the best way to
proceed: write the creditor and ask them to dismiss debtor/defendant and
advise that if they don't ASAP, I will file a motion for sanctions, OR
write them but still file my motion(s)?
Holly Roark
Certified Bankruptcy Specialist*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
I reviewed the local rules and don't see anyrequirement that we first write the creditor a "cease and desist" type of letter before we file the motion to reopen and a motion for sanctions for violation of the discharge injunction, however, I am wondering whether this is nevertheless the common (and expected) practice? Do you give the creditor a chance to fix its mistake or do you just write them and demand they cease and desist and by the way you're filing a motion?
I have a case (BB) where after the debtor's discharge the creditor went ahead and sued the debtor on a personal guaranty (along with several other parties). I checked the service list to make sure the creditor had been listed and it was, so I don't see any excuse for it to not know it shouldn't have sued the debtor. I am wondering what is the best way to proceed: write the creditor and ask them to dismiss debtor/defendant and advise that if they don't ASAP, I will file a motion for sanctions, OR write them but stillfile my motion(s)?
Holly RoarkCertified Bankruptcy Specialist*
The post was migrated from Yahoo.