How To ProcessOverviewUpdated: Wednesday, January 31, 2024Overview: A Motion to Vacate is filed to request that an order be vacated, if more than 14 days have passed since the entry of the order. If the motion is filed within 14 days of the entry of the order, use Motion to Reconsider. To request that the court vacate a dismissal order, use Motion to Vacate Dismissal Order (FEE). Forms/RulesRules/Code Sections: FRBP 9024 Filing RequirementsFiling Requirements: Document in basic captioned format Certificate of Service Notice of Hearing DocketDocket: Ensure Filing Requirements are met Select Bankruptcy Select Motions/Applications Enter case number (xx-xxxxx) Click Next Select the party filer Click Next If the party is not listed Use Add/Create New Party Click Next If you see the message: IMPORTANT: The following attorney/party association(s) will be created in this case. De-selecting a party association will result in the filing attorney NOT receiving Notices of Electronic Filing for that party. If this is a joint filing, review the list carefully to ensure that only parties represented by the filing attorney are selected. Remove the check mark from any party not represented by the filing attorney Click Next Select Vacate, Motion to Click Next Answer the question: Does this motion include a completed notice of hearing? Browse to select the document to be filed (PDF) Click Next Answer the question: Are you requesting that the court vacate an order dismissing the case? Click Next If Yes, answer the question: Was the order dismissing the case entered within the last (14) fourteen days? Click Next If Yes, you will see the message: You cannot use this event to docket a Motion to Vacate Dismissal. If the case was dismissed within the last fourteen (14) days, start over using the event Motion to Reconsider Order of Dismissal. If No, you will see the message: You cannot use this event to docket a Motion to Vacate Dismissal. Start over using the event Motion to Vacate Dismissal Order (FEE). If No, answer the question: Was the order you want the court to vacate entered within the last (14) fourteen days? Click Next If Yes, you will see the message: If the order you want the court to vacate was entered within the last 14 days, start over using the event Motion to Reconsider Select the appropriate event(s) to which your event relates Insert hearing information, if applicable (if hearing not included, click Next) Click the clock icon to select Hearing Time Click the calendar icon to select Hearing Date Click the drop-down menu to select Location Click Next Modify the docket text by using the drop-down and free text boxes to enter additional information, if necessary Click Next Verify docket text Click Next ‹ Motion to Suspend/Extend/Excuse Plan Payments up Motion to Vacate Dismissal Order (FEE) ›
