Official Procedure Last Change May 5, 2017
Motion for Order of Contempt
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How to file: Location of event: Bankruptcy > Motions, Applications & Briefs > Contempt (including Violation of Discharge Injunction), Motion for Order of Things to be aware of when filing: This motion should only be used pursuant to 11 U.S.C. 524(a) or FRBP 9020. If neither of these are applicable, a more appropriate event should be used such as Motion for Sanctions. |
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General Information
This event may be used if a party has failed to comply with a previous order of the court, such as a violation of the discharge injunction.
The event should not be used by a debtor seeking damages only under Section 362(k) or violation of the automatic stay. The proper event for that situation is Motion for Sanctions. (Unlike the discharge, which is given by a specific order, the automatic stay arises by operation of law, so no specific court order has been violated.)
Filing requirements
- The Motion must be signed by the filing party.
- 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 Contempt (including Violation of Discharge Injunction), Motion for Order of 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 or rule the motion is being filed and click Next.
11. 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.
12. 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.
13. 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.