Alter or Amend Judgment/Order (New Trial) (Rule 9023)

Last Updated: November 30, 2012

Updates:

Created: November 30, 2012

Background:

Bk Rule 9023 incorporates Fed. R. Civ. P. 59 and applies in cases under the Bankruptcy Code. A motion to alter/amend a judgment or for a new trial shall be filed, no later than 14 days after the entry of the judgment/order. The Court, may also, amend or alter a judgment/order or order a new trial on its own initiative.

Filing:

This event requires that you relate to a previous order or judgment.

Please note that if the title of your PDF appears on this list, please use that event.

• Motion for Relief from Judgment/Order(Rule 9024)
• Motion to Vacate Order
• Motion to Vacate Dismissal
• Motion to Vacate Discharge
• Motion to Dismiss Case and Vacate Discharge

Step by Step Procedures: 

1. Select [ Bankruptcy > Motions/ Applications ]

    

2. Enter case number and click Next

    

3. Select Alter or Amend Judgment or Order / New Trial (Rule 9023)

    

4. Click Next

    

5. Select the Party you represent from the party pick list or Add Create a New Party if your party does not appear in the pick list

    

6. Click Next

    

7. The Attorney/Party Association screen may display

   • If you represent the party selected, click the box to create the association
   • If you do not represent the party selected, do not click the box

   • Click Next

      

      

8. A reminder / warning screen will display: 
   Click Next

    

   REMINDER: The title of your proposed order should match the title of your motion. Please remember to attach your proposed order and select the category Proposed Order. If attaching more than 1 proposed order, please add the specific title in the description field. Example Proposed Order - Relief from Stay Proposed Order - Dismiss Case.

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   WARNING: Please do NOT use this event if your PDF is titled as any of the options below. Please back up and select the correct event.

   Motion for Relief from Judgment/Order(Rule 9024)

   Motion to Vacate Order

   Motion to Vacate Dismissal

   Motion to Vacate Discharge

   Motion to Dismiss Case and Vacate Discharge

    

    

9. The PDF screen will display :

   • Browse, Scan and Attach
   • Click Next

   • When applicable, attach the proposed order

      

      

10. On the next screen, the a menu will appear: 

     

    

     

    • Select the appropriate Radio Button
    • Click Next

     

11. At the top of the Hearing Screen, the following instruction will display: 

     

    Select the appropriate event(s) to which your event relates:

     

    (all previous orders or judgments will display ) 

     

    • Check the box next to the correct filing
    • Insert Hearing Date, Time, and Location
    • Click Next

     

12. The Modify Text Screen will display. If applicable, you may make a selection from the prefix dropdown box.

     

     

13. The Final Text screen will display.

    Basic Examples:

     

    If to Alter or Amend Judgment / Order Radio Button is selected:

    Notice of Motion and Motion to Alter or Amend Judgment/Order (related document(s): [18] Order on Motion for Relief from Stay) Filed by name on behalf of name. Hearing scheduled for 11/28/2012 at 10:15 AM at 219 South Dearborn, Courtroom 682, Chicago, Illinois 60604. (Attachments: # (1) Proposed Order) (name)

     

     

    If the for a New Trial Radio Button is selected: 

    Notice of Motion and Motion for New Trial (related document(s): [18] Order on Motion for Relief from Stay) Filed by name on behalf of name. Hearing scheduled for 11/29/2012 at 10:00 AM at 219 South Dearborn, Courtroom 680, Chicago, Illinois 60604. (Attachments: # (1) Proposed Order) (name)

     

    This is your final opportunity to modify the entry before submitting the filing.

    • Verify the accuracy of the docket text
    • Click Next to complete the filing process