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Do you know of a template that I could use to file a Motion

to Appear and Show Cause...
Do you know of a template that I could use to file a Motion to Appear and Show Cause for automatic stay violations in a BK case ?
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10/24/2013
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,354
Experience: Attorney and Real Estate Broker -- Retired (mostly)
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There's no easy way to write a template for this sort of complaint, given that the issue is highly fact dependent. However, this link (search for Form 23: Complaint Seeking Damages for Violation of Automatic Stay and Unfair Trade Practices), has a good example of how a complaint would be written.

The example describes unfair trade practices, in addition to a Section 362(k) damages award for violation of the automatic stay, which may have nothing to do with your issue. If not, then you would delete paragraph #4 in the "Complaint" section of the pleading, and paragraphs (b) and (c) in the "Wherefore"(i.e., prayer) section.

Hope this helps.
socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39,354
Experience: Attorney and Real Estate Broker -- Retired (mostly)
Verified
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