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Motion for Damages for Creditor Misconduct

Official Procedure Last Change June 7, 2014

Motion for Damages for Creditor Misconduct

How to file: 

Location of event:   Bankruptcy > Motions, Applications & Briefs > Damages for Creditor Misconduct Pursuant to Sec. 524(i) or 707(b)(5), Motion for

Things to be aware of when filing: This motion should only be used pursuant to 11 U.S.C. 524(i) or 707(b)(5). If neither of these code sections are applicable, a more appropriate event should be used such as Motion for Sanctions or Motion for Order of Contempt.

 

  • 11 USC 524(i), 707(b)(5)

General Information

This motion should only be used pursuant to 11 U.S.C. 524(i) or 707(b)(5). If neither of these code sections are applicable, a more appropriate event should be used such as Motion for Sanctions or Motion for Order of Contempt.

Filing requirements

  • The Motion must be signed by the filing party or their attorney.
  • A Certificate of Service must accompany the Motion.
  • A proposed order must be uploaded.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Damages for Creditor Misconduct Pursuant to Sec. 524(i) or 707(b)(5), Motion for from the event list and click Next.

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

6. Check box if jointly filing with another attorney. Click Next.

7. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next.

Note: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a new party. Click Next.

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Select appropriate radio button to indicate under which section of the code the motion is being filed, and click Next.

Note: If you indicated in step 5 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next.

11. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

12. Verify final docket text. If correct, click Next to submit.

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

13. Upload proposed order.