OSC re Contempt -- Violation of Discharge Injunction=
Posted: Thu Nov 19, 2015 1:50 pm
The case need not be reopened. I circulated the case to this list before -
In re Menk.
On Thu, Nov 19, 2015 at 9:54 AM, mitnicklaw@aol.com [cdcbaa] wrote:
>
>
> Thank you Nick. I am curious as to whether a motion to reopen is
> necessary. The cases seems to indicate that none is necessary because the
> court is enforcing its order as a part of "arising under" jurisdiction.
>
> Law Office of Eric Alan Mitnick
> 21515 Hawthorne Boulevard, Ste. 1080
> Torrance, California 90503
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> -----Original Message-----
> cdcbaa@yahoogroups.com>
> To: cdcbaa
> Cc: ngebelt
> Sent: Wed, Nov 18, 2015 10:35 pm
> Subject: RE: [cdcbaa] OSC re Contempt -- Violation of Discharge Injunction
> [2 Attachments]
>
>
> [Attachment(s) from Nicholas
> Gebelt included below]
> Dear Eric,
>
> Most of mine involve stay violations rather than discharge violations.
> The most recent case involving a discharge violation was 8:13-bk-15229-MW.
> That case had several creditors violating both the stay and the discharge
> injunction. I have attached Word versions of the motion to reopen to go
> after two of the creditors, and the subsequent OSC motion against one of
> the creditors (the OSC motion against the other creditor is very similar).
> There was a third creditor that got its own motion to reopen, but it
> settled before I filed the corresponding OSC motion.
>
> Let me know how you do.
>
> All the best,
>
> Nick
>
> *Nicholas Gebelt*
>
> Nicholas Gebelt, Ph.D., J.D.
> Attorney at Law
> Certified Bankruptcy Law Specialist State Bar of California Board of
> Legal Specialization
> Commissioner, California State Bars Bankruptcy Law Advisory Committee
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
> Law Offices of Nicholas Gebelt
> 15150 Hornell Street
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> Phone: 562.777.9159
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> ngebelt@gebeltlaw.com
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Wednesday, November 18, 2015 5:01 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] OSC re Contempt -- Violation of Discharge Injunction
>
>
> Would someone please direct me to a recent case in which he or she
> obtained an OSC as to why a creditor should not be held in contempt for
> violating the discharge injunction. Any assistance would be much
> appreciated.
>
> Eric
> Law Office of Eric Alan Mitnick
> 21515 Hawthorne Boulevard, Ste. 1080
> Torrance, California 90503
> Telephone: (310) 792-5864
> Facsimile: (310) 347-4353
> Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
>
>
> Although this email and any attachments are believed to be free of any
> virus or other defect that might affect any computer system into which it
> is received and opened, it is the responsibility of the recipient to ensure
> that it is virus free and no responsibility is accepted by the sender for
> any loss or damage arising in any way from its use.
>
> * The information contained in this email message and any attached files
> may be privileged, confidential and protected from disclosure. If you are
> not the intended recipient, any dissemination, distribution or copying is
> strictly prohibited. If you think that you have received this email message
> in error, please notify the sender by reply email, and delete the email
> message you received and all of the attached files.*
>
> ****NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL****
>
>
>
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The case need not be reopened. I circulated the case to this list before - In re Menk.ngebelt@gebeltlaw.com [cdcbaa] <cdcbaa@yahoogroups.com>
To: cdcbaa <cdcbaa@yahoogroups.com>
Cc: ngebelt <ngebelt@goodbye2debt.com>
Sent: Wed, Nov 18, 2015 10:35 pm
Subject: RE: [cdcbaa] OSC re Contempt -- Violation of Discharge Injunction [2 Attachments]
[Attachment(s) from Nicholas Gebelt included below]
Dear Eric,
Most of mine involve stay violations rather than discharge violations. The most recent case involving a discharge violation was 8:13-bk-15229-MW. had several creditors violating both the stay and the discharge injunction. I have attached Word versions of the motion to reopen to go after two of the creditors, and the subsequent OSC motion against one of the creditors (the OSC motion against the other
creditor is very similar). There was a third creditor that got its own motion to reopen, but it settled before I filed the corresponding OSC motion.
Let me know how you do.
All the best,
Nick
Nicholas Gebelt
Nicholas Gebelt, Ph.D., J.D.
Attorney at Law
Certified Bankruptcy Law Specialist State Bar of California Board of Legal Specialization
Commissioner, California State Bars Bankruptcy Law Advisory Committee
Law Offices of Nicholas Gebelt
15150 Hornell Street
Whittier, CA 90604
Phone: 562.777.9159
FAX: 562.946.1365
Email:
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