Motion for Contempt -- Structure Guide

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Motion Structure

1. Caption and Introduction

Identify the case, the movant (you), and the respondent (the creditor violating the discharge). State that you are requesting contempt sanctions for violation of the discharge injunction.

2. Jurisdictional Statement

The bankruptcy court has jurisdiction over discharge violation proceedings even if the case is closed. Cite 11 U.S.C. Section 524 and your court's local rules for reopening closed cases.

3. Factual Background

• When you filed bankruptcy (case number, date, chapter)
• When the discharge was entered
• The specific debt at issue -- original creditor, account number, amount
• That the debt was listed on your bankruptcy schedules

Motion Structure (continued)

4. The Violation

Describe each collection action taken after the discharge:

• Dates, times, and content of collection calls
• Copies of collection letters
• Court filings (if a lawsuit was filed)
• Credit report entries showing the discharged debt as active
• Any written notices you sent to the creditor about the discharge

5. Legal Argument

Establish the three elements:

1. A discharge was entered (attach the discharge order)
2. The creditor knew or should have known about the discharge (notice was sent; creditor was listed on the mailing matrix)
3. The creditor took intentional action to collect the discharged debt

Motion Structure (continued)

6. Damages

Describe the harm caused by the violation:

• Out-of-pocket costs
• Lost wages
• Emotional distress (anxiety, stress, disruption)
• Credit damage

7. Relief Requested

• Finding of contempt
• Order directing the creditor to cease all collection activity
• Actual damages in the amount of $[X]
• Attorney fees and costs
• Punitive damages (if available in your circuit)

8. Exhibits

Attach: the discharge order, collection letters, call logs, credit reports, any correspondence with the creditor, and any other evidence.

Related: Damages analysis | Violation examples