I know how to file and serve just not sure how to include sanctions in the motion. I’m requesting turnover of my vehicle with adequate protection and I’m showing proof of insurance And registration and ch 13 payment to trustee. I’m also including exhibits of all of my attempts to contact the yard holding my car. I’ve asked if I could get my stuff out of the car and they won’t answer. I’ve asked for them to turn over my vehicle and gave them the bankruptcy info and they won’t and keep charging me daily. So I want to include sanctions.
You just include whatever you are asking for in your "prayer for relief." Reference 362(k).
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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.
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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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