What Is a Bankruptcy Motion for Reconsideration, and How Do I Write One?

A motion for reconsideration asks the bankruptcy court to take another look at a decision made in the bankruptcy case. In your motion, you should request the bankruptcy judge to reconsider their reasons for deciding something in your case. You can ask the court to reverse its dismissal by reinstating your case. There are strict time limits for filing motions in bankruptcy court, so you may have to act fast.

Bankruptcy law is complicated. If you need help filing a motion for consideration, talk to a local bankruptcy law attorney.

What Is a Motion to Reconsider?

A motion to reconsider is a legal filing to appeal the bankruptcy court’s decision. There are different reasons you may want to file a motion to reconsider. Depending on the motion, the court can vacate a bankruptcy court order, reverse the decision, or remand the case back to the trial court. There are also strict time limits for filing motions with the bankruptcy court.

If the United States bankruptcy court has entered a final order on your bankruptcy case, you can file a post-judgment motion to reconsider the court’s decision. The court will only reconsider a motion based on limited factors. In most cases, an appeal is not a chance to have your case tried all over again. The bankruptcy court can grant relief from a final judgment for:

• Mistake or excusable neglect
• New evidence that could not have been discovered in time
• Fraud, misrepresentation, or misconduct
• The judgment is void
• The judgment has been discharged, released, or satisfied (or based on an earlier decision that was reversed or vacated or applying it is no longer equitable)

If a case is closed, the bankruptcy court can reopen the case to administer assets, give you relief, or for other reasons. Under the U.S. Bankruptcy Code, a debtor or “other party of interest” can file a motion for reconsideration.

When Will I Need a Motion for Reconsideration in Bankruptcy Court?

There is a short time limit to appeal a bankruptcy court’s ruling. The bankruptcy code rules are similar to the Federal Rules of Civil Procedure (FRCP). But the bankruptcy code time limits are often different.

For example, you must file a motion for a new trial or to alter or amend a judgment within 14 days after the judge issues an order.

If you think you can’t file the appeal in time, you can file a motion to extend the deadline. There are limited exceptions to these strict deadlines.

What Should I Include in a Reconsideration Motion?

Check with your bankruptcy court website. It may have bankruptcy forms that you can use to write your motion for reconsideration. Your motion should generally include, at a minimum:

• Name of the appellant or moving party
• The subject of the appeal
• All parties involved
• The basis for the appeal
• Signature and date

In a reconsideration motion, you must justify your reasons for filing the motion. The motion should include a memo that concisely sets out the matters or court decisions that are the basis for reconsideration.

You must have a valid basis for making the court change its decision in the bankruptcy proceeding. For example, if the judge ruled based on a creditor’s misrepresentations, you can appeal the decision with supporting evidence. But claiming that you want the judge to reconsider just because you didn’t like the outcome likely won’t do you any good.

Filing a Motion to Reconsider

The U.S. Courts use an online case management system for filing motions. For filing, bankruptcy filers can use the Case Management/Electronic Case Files (CM/ECF) system. On the CM/ECF main menu, click on Bankruptcy. Then go to Motions/Applications and enter your docket case number. Scroll down to Reconsider. Select the party filing. You can associate a PDF file with Reconsider and follow the prompts.

Refer to the bankruptcy court’s website for help with online filing.

How Can I Get Legal Help With a Bankruptcy Motion to Reconsider?

Even the U.S. courts strongly recommend getting the advice of a qualified attorney “because bankruptcy has long-term financial and legal outcomes.”

Bankruptcy federal practice is complicated. It could be disastrous for your bankruptcy case if you don’t closely follow the federal rules of bankruptcy procedure, local rules, and time limits. It is generally more difficult to fix problems in an appellate court than to get it right the first time. For help with your bankruptcy case, talk to an experienced bankruptcy attorney.

A bankruptcy lawyer can handle your bankruptcy case from beginning to end. If your case was already decided, a bankruptcy lawyer can help you file a notice of appeal and represent you in the court of appeals, if necessary.