Motion for Sanctions
11 U.S.C. 362(k), 524(a) Event: Bankruptcy > Motions/Applications > Sanctions . . . |
Filing Requirements:
- Motion for Sanctions (If filed in an Adversary, Motion only is filed and a telephonic hearing/hearing is scheduled)
- Notice of Motion. Usually 14 days to object unless circumstances require more or less time. Notice is sent to the parties in interest.
- Proof of Service
- Proposed Order (may be filed after the last day to object has expired)
To File Electronically:
- Log into CM/ECF.
- Select [Bankruptcy > Motions/Applications].
- Enter the case number (e.g, xx-xxxxx).
- Select the appropriate event from the event list:
- Sanctions [Other than Specific Sanction Types]
- Sanctions for Counsel's Liability for Excessive Costs - 28 USC 1927
- Sanctions for Damages related to Creditor Misconduct [other than violation of stay or discharge]
- Sanctions for Debtor's Attorney Misconduct under FRBP 9011
- Sanctions for Violation of Automatic Stay - 11 USC 362(k)
-
Sanctions for Violation of the Discharge Injunction - 11 USC 524(a)
To accurately report statistics to Congress, it is crucial that the correct event is selected.
- Select the party filer. If the party is not listed, click on Add/Create New Party.
Note: The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association. -
Browse to select the Motion (.pdf file).
Note: The Motion, Notice of Motion, and Proof of Service may be a single PDF; or the Notice, supporting documents, and Proof of Service may be added as attachments to this document. The Motion must be the first document in your PDF. - Enter the last day to object (defaults to 14 days; modify if necessary).
Note: Remove this date if you are not filing a Notice at this time. - Select Sanction type.
- Verify the final docket text; if correct, click [Next] to submit your document(s).
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. - Docket the Proposed Order. Instructions