Sanctions / Damages for Violation of the Automatic Stay 362(k)

Last Updated: 03/08/2017

03/08/2017 - Created

 

Effective March 13, 2017, the events to file a Motion for Sanctions or Damages have been redesigned. We are required to collect certain statistical information, so there are now 6 events available. The section of the law is included in the title of 5 motions to assist E-filers in choosing the correct event. The 6th event, Motion for Sanctions / Damages is a "generic" event to be used if no other "Sanctions / Damages" motion applies. Several motions have the flexibility for the filer to select either "Sanctions" or "Damages" to match the title of the pdf.

 

Sanctions Against Debtor's Attorney Rule 9011

Sanctions Under 28 USC Section 1927 Attorney Liability for Excessive Costs

Sanctions / Damages for Creditor Misconduct under 524(i) or 707(b)(5)

Sanctions / Damages for Violation of the Automatic Stay 362(k)

Sanctions / Damages for Violation of the Discharge Injunction 524(a)

Sanctions / Damages


The event, Motion for Sanctions / Damages for Violation of the Automatic Stay should be selected for any violation of the stay under Section 362(k).

 

Step-by-Step Procedures:

  1. Select [BankruptcyorAdversary >Motions/Applications]

  2. Enter case number and click Next

  3. Select Sanctions / Damages for Violation of the Automatic Stay 362(k) from pick list and clickNext

  1. Select Party from party pick list or Add/create new party

  2. Click Next

  1. The Attorney/Party Association screen may display.  If it does, click here.

    Click Next

 

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The PDF Document selection screen will display.

  1. Browse, View, Attach and click Next

    Next, the Proposed Order must be added as an attachment to the notice of motion and motion.

  2. Insert hearing date, time and select hearing location, and click Next

  3. Verify the accuracy of the docket text. If not correctClosedselect Bankruptcy or Adversary to start over/If correct click Next to submit

    It is the verification that the filing has been sent electronically to the court.

    Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one timefree look at the document filed.