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
- 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.
- 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.
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.
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.