Official Procedure Last Change June 7, 2014
Motion for Sanctions
How to file:
Location of event: Bankruptcy > Motions, Applications & Briefs > Sanctions, Motion for
Things to be aware of when filing: Damages for violations of the discharge injunction that do not include violations of the automatic stay should be sought by means of a Motion for Order of Contempt.
This event can be used when a party seeks damages from another for matters arising during the case, such as:
- Attorney misconduct
- Violation of the automatic stay
- Violation of the automatic stay coupled with violation of the discharge injunction, if the actions complained of in the motion are alleged to have violated both Section 362 and 524. For actions that are alleged to have violated only the discharge injunction, use Motion for Order of Contempt.
- Counsel's liability for excessive costs.
- The Motion must be signed by the filing party.
- A Certificate of Service must accompany the Motion.
- A proposed order must be uploaded.
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 Sanctions, 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.
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 6 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.