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Any Party or Attorney
Any Street
Any Town, CA 55555
714-555-5555
Any Party or Attorney
UNITED STATES BANKRUPTCY COURT
___________ DISTRICT OF ______________
In re:
Any Debtor,
Debtors,
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Case No.
Chapter 7
NOTICE OF MOTION AND MOTION FOR
CONTEMPT AND FOR ISSUANCE OF (1) AN
ORDER TO SHOW CAUSE RE: CONTEMPT
WHY ___________SHOULD NOT BE HELD IN
CONTEMPT OF COURT FOR VIOLATION
OF THE DISCHARGE INJUNCTION; (2) FOR
A DETERMINATION THAT THE PENDING
STATE ACTION IS VOID; MEMORANDUM
OF POINTS & AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF;
EXHIBITS
(FRBP 9020 AND LBR 9020-1)
TO THE HON. _________, UNITED STATES BANKRUPTCY JUDGE,
_________________, Creditor, HIS COUNSEL, IF ANY, AND ANY OTHER INTERESTED
PARTIES:
PLEASE TAKE NOTICE THAT Debtor, __________ ("Debtor"), by and through his
attorney, ________, hereby does and will move this Court for an ORDER TO SHOW CAUSE RE:
CONTEMPT FOR VIOLATION OF THE DISCHARGE INJUNCTION against ___________ a
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Creditor in this case, and for a determination that the case pending in __________ Case Number -
_________ is void.
If you oppose this motion, you must file and serve a written response no later than 14 days
prior to the hearing and appear at the hearing. Failure to do so may result in the relief requested
being granted without further notice or hearing.
Be further advised that a hearing on this motion will only be held if the Court grant's
Debtor's request and issues an Order to Show Cause re: Contempt which is submitted concurrently
herewith.
Dated_________________________ _______________________________________
ANY ATTORNEY OR PARTY
Research your local Court rules to determine if there are any
specific requirements regarding a motion for an OSC regarding
contempt.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Do NOT ask for attorney’s fees unless you
are represented by an attorney.
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MOTION FOR CONTEMPT AND MOTION FOR ORDER TO SHOW CAUSE
The Debtor seeks sanctions and enforcement of the Discharge against a
creditor,__________________.
FACTS AND BACKGROUND
1. Movant is ___________, who is an individual and who is one of the Debtors in the underlying
Chapter 7 case.
2. Respondent is ____________, a natural person, who lives and conducts business in the State of
California, and is a putative creditor in the underlying Chapter 7 case.
3. Debtor filed a Chapter 7 bankruptcy petition on ____________, in which he did not list on his
Schedule F alleged creditor ______________). (See attached as Exhibit A, a true and correct
copy of Debtor's Chapter 7 petition, including the Debtor's Schedule F).
JURISDICTION AND VENUE
4. This Court has jurisdiction pursuant to 28 U.S.C. §1334. This Motion is a core proceeding
pursuant to 28 U.S.C. §157.
5. Venue for this action is proper pursuant to 28 U.S.C. ¶1409 in that is arises from or relates to
the above-entitled bankruptcy proceeding filed by the Plaintiff under Chapter 7 of the
Bankruptcy Code in the _______ District of _________, ________ Division.
To purchase the entire 30 page document visit:
https://legaldocspro.myshopify.com/products/sample-motion-for-
osc-for-contempt-for-violations-of-the-bankruptcy-discharge-
injunction
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