Looking for sample motion for contempt for violation
Posted: Fri Jul 06, 2012 9:59 am
Dear Holly,
You must reopen the case in order to prosecute any action for contempt. Please look at docket entry 14 of case number 2:10-bk-51522-PC. It is a motion to reopen a case that details the ongoing violations of the discharge injunction, and gives the argument to be used in the subsequent OSC motion. In essence, the motion tells the creditor what the content of the OSC motion will be if the case is reopened. I have done a fair number of these and have always ended up settling with the creditor before the hearing on the motion to reopen. I usually get a call from the creditor's attorney a couple of weeks after filing the motion. We negotiate, settle, and I withdraw the motion.
Good luck,
Nick
Nicholas Gebelt, Ph.D., J.D.
Certified Bankruptcy Specialist
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