Motion for Relief from Judgment or Order (Rule 9024)

Last Updated: November 30, 2012

Updates: 

Created: November 30, 2012

Background: 

Bk Rule 9024 incorporates Fed. R. Civ. P. 60 and applies in cases under the Bankruptcy Code. The Court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order or other part of the record. A motion under this section must be made within a reasonable time and, for some situations , within a year.

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 to Alter/Amend Judgment/New Trial ( Rule 9023)
• Motion to Vacate Order
• Motion to Vacate Dismissal
• Motion to Vacate Discharge
• Motion to Dismiss Case and Vacate Discharge

Step by Step Instructions

1. Select [ Bankruptcy > Motions/ Applications ]

    

2. Enter case number and click Next

    

3. Select Relief from Judgment or Order (Rule 9024)

    

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. The following screen will display.

   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.

   ---

   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 to Alter/Amend Judgment/New Trial ( Rule 9023)

   Motion to Vacate Order

   Motion to Vacate Dismissal

   Motion to Vacate Discharge

   Motion to Dismiss Case and Vacate Discharge

   Click Next

    

9. The PDF screen will display:
   

    

   • Browse, Scan and Attach
   • Click Next

   • When applicable, attach the proposed order

      

10. 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

     

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

     

    Basic Example

    Notice of Motion and Motion for Relief from Judgment or Order (Rule 9024) (related document(s): [16] Order on Motion for Relief from Stay) Filed by name on behalf of name. Hearing scheduled for 11/21/2012 at 11:00 AM at 219 South Dearborn, Courtroom 719, Chicago, Illinois 60604. (Attachments: # (1) Proposed Order) (name)

     

12. The Final Text screen will display.

    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

     

The Notice of Electronic Filling will display. It serves as verification that the filing has been sent electronically to the court.

Copies of this notice and the document filed are emailed to all participants who receive electronic notification in the case. You have a period of 15 days for a one time free look at the documents.