Motion for Sanctions
Last Updated: December 1, 2009

A Motion for Sanctions is filed with the Court when a movant requests remuneratory damages.  For example, a motion by the debtor for sanctions against a creditor who has violated the automatic stay.

Filing Requirements:

  • Motion for Sanctions (If filed in an Adversary, Motion only is filed and a telephone conference/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:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the case number (e.g, xx-xxxxx).

  4. Select [ Sanctions ] from the event list.

  5. Skip the Joint Filing screen if you are the only party filing this motion. If this is a joint filing, check the box.

  6. 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.

  7. 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.

  8. 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.

  9. Select Sanction type.

  10. Is this an Amended Motion?

  11. 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.

  12. Docket the Proposed Order. Instructions

     

     

     

     

    11 U.S.C.: 524(a), 362(k)
    28 USC 1927
    FRBP: 9011