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

From what order is the Motion seeking relief?

An order dismissing case (the Motion is asking to "reinstate" the case)
An order of no discharge
Any other order or judgment type

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

Official Procedure Last Change May 7, 2018

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

How to file:

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

Things to be aware of when filing: It is not necessary to upload a proposed order - the Court will issue one.

FRBP 9024
S. D. Ind. B-1017-1(c)

View instructions on seeking relief from an order dismissing an adversary proceeding

General Information

If a case has been dismissed, any party seeking relief from the dismissal must file a Motion for Relief from the Dismissal Order pursuant to Fed.R.Bankr.P. 9024.
The trustee is always re-appointed when Motion for Relief from the Dismissal Order is granted, unless the Motion was filed for the purpose of converting the case to another chapter.

Filing requirements

Use of the court's sample form is recommended.
The Motion must be signed by the filing party.
A Certificate of Service must accompany the Motion.
It is not necessary to upload a proposed order - the Court will issue one.
If a dismissed case has been closed, any party seeking relief from the dismissal must first file a Motion to Reopen, and then file a Motion for Relief from the Dismissal Order pursuant to Fed.R.Bankr.P. 9024. If the dismissed case has not been closed, then only the Motion for Relief from Dismissal Order is required.
There is no fee for filing a Motion for Relief from the Dismissal Order. If the case is closed, a reopening fee will apply to the Motion to Reopen. If the Motion to Reopen or for Relief from the Dismissal Order is denied, the Court may direct the refund of any fees paid with the Motion.
If the case was dismissed because of the failure to file required documents or to pay the filing fee or an installment, the movant must:
- 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;
- 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.
If deficiencies are not cured, the Motion will not be considered unless a showing of good cause is made as to why additional time is needed.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and 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 and 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, or cannot be selected, view instructions on adding a 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 attach the document to be filed (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. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

14. Verify final docket text. If correct, click Next to submit.

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.

15. Ignore the Single Order Upload link - the court will prepare the order.

Motion for Relief from Judgment/Order pursuant to Fed.R.Bankr.P. 9024 - other

Official Procedure Last Change June 2, 2017

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

How to file:

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

FRBP 9024

See separate procedures if seeking relief from:
An order dismissing bankruptcy case (not an adversary proceeding)
An order of no discharge

General Information

Any party seeking relief from an Order or Judgment that the Court has previously entered must file a Motion for Relief from Judgment/Order pursuant to Fed.R.Bankr.P.9024.
After review and hearing, the Court may determine that the party can be granted relief of the judgment.
If you are seeking relief from an order denying or revoking a discharge entered in an adversary proceeding, see Steps for ”Restoration” of Discharge for further instructions.
If you are seeking to have a Clerk's Entry of Default set aside, do not use this event (the Clerk's Entry of Default is neither a judgment nor an order). The Motion to Set Aside Clerk’s Entry of Default event should be used instead.

Filing requirements

The Motion must be signed by the filing party.
A Certificate of Service must accompany the Motion.
If seeking relief from an Order in No Asset Case or from Notation of Abandonment, a 14-day objection notice must be included.
A proposed Order can be uploaded by the filing party at the time of filing of the Motion. If none is provided, the Court will prepare an order, unless a trustee is seeking relief from an Order in No Asset Case or from Notation of Abandonment. If so, the trustee must upload an order.
To seek relief from an order dismissing an adversary proceeding, see sample motion.

Step-by-Step Instructions

1. Log into CM/ECF.

2. Select Bankruptcy > Motions, Applications & Briefs.

3. Enter case number (in the format xx-xxxxx) and click Next.

4. Select Relief from Judgment/Order Pursuant to FRBP 9024, Motion for from the event list and click Next.

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

6. Check box if jointly filing with another attorney. Click Next.

7. 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.

8. Select the party filer. If the party is not listed, or cannot be selected, view instructions on adding a 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.

9. Browse to attach the document to be filed (pdf file). Click Next.

10. Check the box next to the Order from which you are seeking relief and click Next.

11. If you indicated in step 5 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.

12. Select prefix text, if applicable, and click Next.

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended.

13. Verify final docket text. If correct, click Next to submit.

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.

14. Upload proposed order.

Motion for Relief from Order of No Discharge pursuant to Fed.R.Bankr.P. 9024

Official Procedure Last Change June 19, 2017

Motion for Relief from Order of No Discharge pursuant to Fed.R.Bankr.P. 9024

How to file:

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

Things to be aware of when filing: It is not necessary to upload a proposed order - the Court will issue one.

FRBP 9024

General Information

If an order of no discharge has been entered on a case, any party seeking entry of the discharge must file a Motion for Relief from the Order of No Discharge pursuant to Fed.R.Bankr.P. 9024, along with any documents whose absence from the record resulted in the entry of the Order of No Discharge.

Filing requirements

The Motion must be signed by the filing party.
A Certificate of Service must accompany the Motion.
It is not necessary to upload a proposed order - the Court will issue one.
If the case has been closed, a Motion to Reopen must also be filed. Note that if a Certification of Eligibility for Chapter 12/13 Discharge is to be filed, said document will not be able to be filed along with the Motion to Reopen. It can only be filed once the judge has entered the order reopening the case, which order will set a 14-day deadline to file the Certification.
There is no fee for filing a Motion for Relief from Order of No Discharge. If the case is closed, a reopening fee will apply to the Motion to Reopen.
If the Order of No Discharge was entered because of failure to file Motion for Entry of Chapter 12/13 Discharge, Certification of Eligibility for Chapter 12/13 Discharge and/or Financial Management, the missing documents must be filed along with the Motion for Relief from Order of No Discharge. The missing documents must be filed separately, not attached to the Motion for Relief.