Local Rule 4071-1: VIOLATION OF THE AUTOMATIC STAY OR DISCHARGE INJUNCTION

RULE 4071-1. VIOLATION OF THE AUTOMATIC STAY OR DISCHARGE INJUNCTION.

The movant requesting the Court impose sanctions against a party who violated the automatic stay or the discharge injunction must (a) serve the party against whom sanctions are sought a notice of intent to seek sanctions at least seven days before filing the motion for sanctions, (b) file and contemporaneously serve notice of the motion for sanctions, and (c) present sufficient evidence to warrant imposition of sanctions. Ordinarily this relief will not be granted without an evidentiary hearing, however, if the Court determines, in its discretion, that the record contains sufficient information to warrant relief, the Court may grant the motion without a hearing.