Looking for sample motion for contempt for violation of discharge injunction
Posted: Thu Jun 27, 2013 11:17 am
I send a letter
D
Sent from my iPad
On 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?
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> 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)?
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> 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
>
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> **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.**
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