Motion for Relief from Dismissal Order pursuant to Fed.R.Bankr.P. 9024

Menu item to use:

Bankruptcy > Motions, Applications & Briefs > Relief from Judgment/Order Pursuant to FRBP 9024, Motion for

SD code:

CM17

 

FRBP: 9024

 

Sample Motion for Relief from Dismissal Order for use on a dismissed Bankruptcy Case

 

Sample Motion for Relief from Dismissal Order for use on a dismissed Adversary Case

 

General Information

 

Filing Requirements

(i) if the case has been closed, pay the required fee for reopening the case, submit the documents required and/or pay the filing fee or any missed fee installment;

(ii) if the case has been dismissed but not yet closed, submit the documents required and/or pay the filing fee or any missed fee installment.

 

Step-by-Step Instructions

1. Log into CM/ECF

   

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (e.g, xx-xxxxx).  Click Next

 

4. If the case number and name shows that the case is closed, stop. You must first file a Motion to Reopen

 

5. Select Relief from Judgment/Order Pursuant to FRBP 9024, Motion for from the event list.  Click Next

 

6. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

7. Check box if jointly filing with another attorney, click Next.

 

8. If you indicated that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

9. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

10. Browse to select the Motion (pdf file).  Click Next

 

11. Check the box next to the Order Dismissing Case and click Next

 

NOTE: If  the case was dismissed for failure to file required document(s), those document(s) must accompany this motion.  File any required documents separately using appropriate events.

 

12. If you indicated in step 6 that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

13. Enter additional text, if desired, and/or select prefix text and click Next

 

Note: The prefix text option is not available if you indicated in Step 6 that the Motion you are filing is amended. The additional text option is not always available.

 

14. Verify the final docket text; if correct, click Next

 

Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

 

 

Curing Deficiencies

If the Motion for Relief from Dismissal Order or any accompanying documents are deficient, an amended document must be filed prior to the deficiency deadline using the instructions above or in the relevant section of the Manual, or the Motion may be denied.