New Hampshire Motion in Federal Court by Debtor to Hold Garnishing Creditor in Contempt

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Once a petition is filed with the U.S. Bankruptcy Court, it automatically operates as a stay of various actions against the debtor and the bankruptcy estate, such as the commencement of a judicial proceeding against the debtor, the enforcement against the debtor of a judgment obtained before the commencement of the bankruptcy case, or the enforcement of a lien against property of the estate. The automatic stay immediately suspends any lawsuit filed against the debtor and stops virtually all actions against the debtors property by a creditor or collection agency. It acts as an injunction against the continuance of any action by any creditor against the debtor or the debtor's property. Anyone who willfully violates the stay in the case of an individual debtor can be liable for actual damages caused by the violation and sometimes liable for punitive damages.

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FAQ

(A) Deposition of an Expert Who May Testify. A party may depose any person who has been identified as an expert whose opinions may be presented at trial. If Rule 26(a)(2)(B) requires a report from the expert, the deposition may be conducted only after the report is provided.

Under the Federal Rules of Civil Procedure (FRCP) Rule 70, a party that fails to perform a specific act, in ance with a judgment by a court, can be charged with contempt and subsequently penalized.

Rule 9. Answers; Defenses; Forms of Denials. (a) An Answer or other responsive pleading shall be filed with the court within 30 days after the person filing said pleading has been served with the pleading to which the Answer or response is made.

Summary Disposition. (1) Except in a mandatory appeal, the supreme court may at any time, on its own motion and without notice or on such notice as it may order, dispose of a case, or any question raised therein, summarily.

Motions -- General. (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.

Depositions. (a) A party may take as many depositions as necessary to adequately prepare a case for trial so long as the combined total of deposition hours does not exceed 20 unless otherwise stipulated by counsel or ordered by the court for good cause shown.

Medical Injuries and Special Damages. (a) Medical Examinations. In actions to recover damages for personal injuries, the defendant shall have the right to a medical examination of the plaintiff prior to trial.

Trial Procedure. (1) Opening Statements. Opening statements are not permitted in circuit court ? district division trials except with permission of the court for good cause shown.

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New Hampshire Motion in Federal Court by Debtor to Hold Garnishing Creditor in Contempt