Motion for Relief from Judgment or Order (Rule 9024)

Last Updated: November 30, 2012

 

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.

 

 

 

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 it does, click here.

    • Click Next

       

       

  8. 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:

     

  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 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.