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Example of Show Cause Format?


GMDM
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:?: Has anyone filed a Show Cause motion. I need to file one because a creditor refuses to refund money that was collected while Automatic Stay was in effect. I want to file a Show Cause motion so they will have to explain to court why they are not in contempt of sanctions. I need all the help I can get. I filed Pro Se.
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Yes my case is still open. I did not file a motion of contempt. I thought I had to file a motion to show cause and then the court would decide if creditor was in contempt or not. I filed Ch 7 10/12, 341 on 11/21. Trustee filed report of no asset or distribution.

I have not checked Federal Rules, but will do so tonight if it online.

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Thanks for the info. I just hope teh court accepts the emails I receved from the creditor. In one they state they will code my file for BK and send me my money and in the another one (a differenct person) states they are going to file for relief. As of today they have not filed anything and it is over a month since they told me they were going to. Nothing on Pacer shows they have filed anything.

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  • 1 month later...

Did not have to file show cause after all. I let the creditor know I was advised to file a violation of stay on Friday via email. I received a reply within 2 hours that money would be refunded; 1 hour later I was told request was for refund was submitted to their accounting ofice. I received refund check 10 days later. :D

Status discharged: 1/23/06

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Way to go !!!

You see, these creditors take advantage of pro se filers because they think everyone is dumb as a box of rocks when it comes to BK law and procedures -- so they think they can get away with it. You showed 'em that you DO know what to do and that you know they are wrong and held their feet to the fire - and you prevailed !!

Chalk one up for the 'little guy' !!

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