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