LBR 9020-1: CONTEMPT OF COURT: Motion for Order Issuing OSC re Contempt
LBR 9020-1 applies to contempt proceedings in bankruptcy court.
1. FILE A MOTION REQUESTING THE COURT TO ISSUE AN OSC RE CONTEMT. When a party files a Motion for Issuance of an Order to Show Cause re Contempt. LBR 9020-1(b) allows an opposing party 7 days to file an opposition to the motion. FRBP 9006(f) applies to the notice of motion because at least one recipient receive the notice by mail. Thus, the notice of must include language allowing 3 additional days to respond to the motion.
The reasoning is: Often, a party in a bankruptcy case or adversary proceeding delivers a notice that another party must or may take an action by a specific deadline. The method of delivery of the notice determines if the receiving party is allowed 3 additional days after a normal deadline to respond or take the required action. See FRBP 9006(f) and See link below to the TCG Supplement. See below for model language, which can be found in the Notice of Opportunity to Request a Hearing. PLEASE NOTE this notice does NOT apply when serving a motion for order issuing an OSC re Contempt. But, the language about having 3 additional days to respond does apply.
The motion must include a proposed OSC re Contempt that contains language required by LBR 9020-1(c).
After the deadline passes to file an opposition, the court will decide whether to hold a hearing on the motion for order issuing an OSC re Contempt.
2. SERVING OSC RE CONTEMPT.
- Regardless of whether the court conducts a hearing on the motion requesting issuance of an OSC re Contempt, there will be a hearing to rule on the OSC re Contempt, to determine there was conduct that qualifies as contempt.
- To service the OSC, follow the requirements found in LBR 9020-1(e).
- Serve the OSC along with a notice of hearing. The court has a form. See link below.
- LBR 9020-1(f) describes what occurs at the hearing.
3. ORDER FINDING CONTEMPT, and IMPOSING SANCTIONS