Motion for Clarification of Bankruptcy Court's Order

State:
Multi-State
Control #:
US-DC-10019
Format:
Word; 
Rich Text
Instant download

Description

This motion is to be filed in the US District Court for the District of Columbia. The general purpose of a motion for clarification is to explain or clarify something ambiguous or vague, not to alter or amend. This specific motion seeks clarificaiton of the court's order regarding the ability to continue with discovery in a superior court case despite the automatic stay entered by the court.

A Motion for Clarification of Bankruptcy Court's Order is a legal document filed by a party involved in a bankruptcy proceeding when that party seeks to clarify or modify the terms of an order issued by the bankruptcy court. This motion can be used to seek clarification of an order that appears to be ambiguous, to modify an order that is overly broad, or to correct an order that is inconsistent with the court's intentions. There are two primary types of Motion for Clarification of Bankruptcy Court's Order: a Motion to Clarify Order and a Motion to Modify Order. A Motion to Clarify Order is used to seek clarification of the meaning or scope of an existing order. A Motion to Modify Order is used to request a modification of an existing order, such as to extend a deadline or to change the terms of a debt repayment plan.

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FAQ

A motion for clarification asks the court to clear up any unclear parts of an order so everyone knows what their rights and obligations are under an order.

A motion for clarification is a postjudgment motion which does not modify or alter the substantive terms of a prior judgment.

Motions. Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the most common pre-trial motions include: Motion to Discover. A motion by which one party seeks to gain information from the adverse party.

Reconsideration of Claims. A party in interest may move for reconsideration of an order allowing or disallowing a claim against the estate. The court after a hearing on notice shall enter an appropriate order.

A motion for a new trial or to alter or amend a judgment shall be filed, and a court may on its own order a new trial, no later than 14 days after entry of judgment.

1. What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

A) The RESPONSE TO MOTION tells the Judge what you disagree with in the other side's Motion, Affidavit, and proposed Order; what you would like the Court to do instead; and why you should get what you want.

Rule 9019 requires that requests for court approval of all proposed settlements be made by motion after notice and a hearing. Specifically, the rule provides, in relevant part: (a) Compromise. On motion by the trustee and after notice and a hearing, the court may approve a compromise or settlement.

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In response, Defendants filed a second motion for clarification (Adv. D.I. 226) (the "Second Reconsideration Motion").If a bankruptcy court judgment is certified and direct appeal is authorized, the intermediate level of appeal is eliminated. A motion for leave to file an interlocutory appeal from an order of the circuit court must be filed within 30 days of the court's entry of the order. Generally, an appeal from a final order confers exclusive jurisdiction in the appellate court over the issues that are the subject of the appeal. An appeal from a bankruptcy court's final judgment must be filed within 14 days of when an appealable order is entered on the docket. Motions for Rehearing, Motions for Reconsideration, Motions for. A bankruptcy court should not hold a creditor in contempt for violating a discharge order when the creditor has a reasonable, goodfaith. IMPORTANT: You will need Adobe Acrobat, or free Adobe Reader XI (or a higher version) in order to save completed forms. Presently before the Court are Defendants' motion for reconsideration, (Doc.

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Motion for Clarification of Bankruptcy Court's Order