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Sample motion for OSC for contempt for violations of the Bankruptcy Discharge Injunction

Sample motion for OSC for contempt for violations of the Bankruptcy Discharge Injunction

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Sample motion for OSC for contempt for violations of the Bankruptcy Discharge Injunction

This sample motion for OSC for contempt for violations of the Bankruptcy Discharge Injunction is filed pursuant to the Bankruptcy Court's contempt authority under § 105(a) of the United States Bankruptcy Code.

The motion is designed to be filed by a Debtor against a Creditor that has willfully violated the Bankruptcy Discharge Injunction such as filing a State Court lawsuit after receiving notice that the Debtor has been granted a discharge. The motion requests that the Creditor be held in contempt and requests actual damages, emotional distress damages, punitive damages and attorney's fees and costs.

.  The sample motion is 30 pages and includes:

  • Memorandum of points and authorities with citations to Case law from the Ninth Circuit Court of Appeals, Bankruptcy Appellate Panel and the United States Bankruptcy Code. 
  • Sample declarations for the Debtor and the Attorney for the Debtor.
  • Sample Request for Judicial Notice.
  • Sample Proposed Order Re: Contempt

The sample motion is in Microsoft Word format and can be easily modified for most situations.

The author is an entrepreneur and retired litigation paralegal that worked in California and Federal litigation from January 1995 through September 2017 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.