I’m filing a motion for turnover of property with adequate protection but how do I include sanctions?
3 attorney answers
Asking for them in the motion and getting them are two different things. You better make sure you quote the law and the authority that allows the bankruptcy judge to grant your relief. If you really have a case where sanctions are warranted, you may want to get an attorney as attorney fees are normally part of sanctions.
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Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced NY bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You just include whatever you are asking for in your "prayer for relief." Reference 362(k).
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.