Fill and Sign the Motion Federal Court Form

United States Bankruptcy Court _______________ District of ______________ (Name of State) In re ________________ (Name of Debtor) , Debtor Case No. ______________ Chapter _______________ Motion for Contempt as to Garnishing Creditor Comes now ________________ (Name of Debtor) , the Debtor in the above-captioned Chapter 13 case , who, by and through his attorney moves this Honorable Court to issue an Order declaring ________________________ (Name of Judgment Creditor) to be in civil contempt of this Court, on the grounds set forth as follows: 1. The Petition in Bankruptcy in this case was filed on ________________ (date) . On that date Debtor’s Attorney informed ____________________ (Name of Judgment Creditor) , the Judgment Creditor of the Debtor, holding a dischargeable debt, of the fact that the Attorney for Debtor had filed the Petition on behalf of the Debtor, and of the fact that such filing imposes an automatic stay of debt collection activity pursuant to 11 U.S.C.A. § 362. 2. On _________________ (date) , the above-named Judgment Creditor obtained an earnings withholding order from the ______________________________ (title of state court) against the Debtor, pursuant to which the Debtor's employer, _________________________ (name of Employer) , has deducted the amount of $______________ from the Debtor's wages from approximately _________________ (date) to the date of the filing of the Petition, and continuing to the date of this Motion. 3. When informing _______________________ (Name of Judgment Creditor) , the Judgment Creditor of the Debtor, of the filing and of the stay, the Attorney for the undersigned Debtor demanded that _____________________ (Name of Judgment Creditor) inform the County Sheriff and the Debtor's Employer to cease such deductions. 4. _____________________ (Name of Judgment Creditor) refused and has continued to this date to refuse to inform the County Sheriff and the Debtor's Employer to cease such deductions, and said Judgment Creditor has thereby violated 11 U.S.C.A. § 362 and the honor of this Court. THEREFORE, Movant requests an Order declaring _______________________ (Name of Judgment Creditor) to be in civil contempt of this Court, awarding the Debtor $_____________ in damages, and $______________ in costs and attorney's fees, and declaring the above-mentioned Sheriff and Employer to be free of the State Court Order of Garnishment. Respectfully submitted, ________________________ (Name of Debtor) By:______________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Debtor’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, _______________________ (Name of Attorney) , Attorney for Debtor __________________ (Name of Debtor) , have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the Judgment Creditor set forth above: _______________________ (Name of Attorney) __________________________________ (Post Office Box No. or Street Address) __________________________________ (City, State, Zip Code) This the ____ day of ______________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Debtor’s Attorney State Bar No. ____________ OF COUNSEL: ____________________ (Name of Attorney) _____________________________ (Post Office Box or Street Address) _____________________________ (City, State, Zip Code) Telephone: ______________ Notice of Motion to ______________________ (Name of Judgment Debtor) You are hereby notified that on _______________ ( date) , at __________ (time) , or as soon thereafter as counsel can be heard, in Courtroom ______ of the United States Bankruptcy Court f or the _________District of ________________ (Name of State) at ________________ ________________________________________________ (street address, city, county, state, zip code) , Debtor, by and through his attorney, will bring on for hearing his Motion for the reasons stated in the above Motion. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Debtor’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney) __________________________ (Post Office Box or Street Address) __________________________ (City, State, Zip Code) Telephone: _______________