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Motion to Reconsider

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MOTION TO RE-CONSIDER

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE DISTRICT OF

IN RE:

VS.

CASE NO.

CHAPTER 13 PROCEEDING

MOTION NO.

MOTION TO RE-CONSIDER

COMES NOW, (hereinafter "Movant"), a creditor in the above-styled and numbered bankruptcy proceeding, and files this Motion to Re-Consider Orders Overruling , and in support thereof would show unto this Honorable Court as follows, to-wit:

JURISDICTION

1.

This Court has jurisdiction over this Motion proceeding and it is a core proceeding in accordance with the provisions of 28 U.S.C. § 157.

PARTIES

2.

Movant is .

3.

(the "Debtor") is the Debtor in this proceeding pursuant to a Petition for Relief under Chapter 13 of Title 11, United States Bankruptcy Code, filed by her on . The Debtor may be served with a copy of this Motion at .

4.

is the Trustee in this proceeding pursuant to appointment by the United States Trustee in accordance with the law who may be served with process at .

5.

is the Assistant United States Trustee for Region which encompasses the United States Bankruptcy Court District for the District of who is appointed in accordance with law and may be served with process of this Motion at .

BASIS FOR RELIEF

6.

On or about served in the above referenced matter. On , the Clerk of the Court provided Notice that a hearing on on . The Notice from the Clerk further provided that the last day for Responses to said Motions was .

7.

On the court entered orders denying .

8.

The failure of counsel to personally appear at the scheduled hearings was the result of excusable neglect. Prior to receiving Notice of the hearings in this case, had received Notice of a hearing on the . Both the hearings in the instant case were scheduled for .

9.

This Court should re-consider the Orders entered on based upon the following additional facts:

10.

Failure of the Court to re-consider its Orders and to re-set the hearings on may result in extreme prejudice to .

11.

Furthermore, Debtor has meritorious objections to confirmation of Debtor's plan and a legitimate basis for lifting the stay. The interest of in its collateral is not being adequately protected.

WHEREFORE, PREMISES CONSIDERED, , prays that upon a notice and hearing hereof, this Honorable Court will (i) re-consider its Orders denying, without prejudice, and (ii) enter Orders providing that are not denied and that hearings thereon be held at the earliest possible date.

also prays for such other relief as is just and proper in the premises.

DATED, this the day of , 20.

Respectfully submitted,

By:

CERTIFICATE OF SERVICE

I, , do hereby certify that I have this day mailed by United States mail, postage prepaid, a true and correct copy of the above and foregoing .

DATED, this the day of , 20.

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What a Motion to Reconsider Is and When It’s Used

A Motion to Reconsider asks a court to review and change an earlier ruling based on legal error, newly discovered evidence, or an intervening change in controlling law. It is typically filed by a party that disagrees with a judgment, order, or interlocutory decision and seeks correction without initiating a new appeal. Procedures and permissible grounds vary by jurisdiction and court level; federal civil practice often treats such motions under Federal Rules of Civil Procedure 59(e) or 60(b), while state courts follow local rules. Timeliness and proper service are critical to preserve rights.

Why a Motion to Reconsider Matters

A Motion to Reconsider can correct clear legal error, admit significant new evidence, or address a change in law, restoring parties to positions they occupied before the challenged decision while avoiding the delay and expense of an appeal.

Why a Motion to Reconsider Matters

Who Prepares and Files This Motion

Choose the filer based on who controls the case strategy, who received the adverse ruling, and who is best positioned to meet filing and service requirements.

  • Plaintiff counsel preparing post-judgment motions to preserve appellate issues and correct errors.
  • Defense counsel seeking relief from adverse orders or clarification of ambiguous rulings.
  • Self-represented parties filing procedural or substantive reconsideration requests pro se.

Common Signatories and Filing Agents

Attorney — Lead Counsel

An attorney of record typically signs and files the motion, certifying good-faith grounds under applicable civil rules. Counsel prepares the legal argument, handles service on opposing parties, and ensures compliance with the court’s formatting, timing, and page-limit rules.

Party Representative

In pro se matters or where corporate authorization is required, an authorized party representative signs. That signer must be able to attest to factual assertions and, where required, produce a corporate resolution or power of attorney showing signing authority.

Essential Sections to Include in a Professional Motion to Reconsider

A clear, organized motion improves judicial review. Include standard court formatting and concise headings tied to the legal standard for reconsideration in that forum.

Caption

Case caption with court name, docket number, party names, and title identifying the filing as a Motion to Reconsider.

Introduction

Short statement of the relief sought and a one-paragraph summary of why reconsideration is appropriate.

Standard of Review

Citation to the controlling rule or standard (for example, FRCP 59(e) or 60(b) in federal court) and a brief explanation of its elements.

Argument

Organized legal analysis showing error, newly discovered evidence, or intervening law with supporting authorities and evidence citations.

Relief Requested

Specific order the movant requests (vacate, amend, clarification) and any proposed form of order for the judge to sign.

Signature Block

Signature line for counsel or the authorized party, contact information, date, and certificate of service attesting to proper notice.

Core Information Required in the Motion

Case Caption: Court, parties, docket number
Motion Title: Clear label: Motion to Reconsider
Grounds: Specific legal or factual grounds
Relief Sought: Exact remedial request
Supporting Evidence: Exhibits and declarations listed
Service Info: Method and date of service

Step-by-Step: Preparing and Filing the Motion

Follow these sequential actions to prepare a motion that meets court rules and preserves appellate rights.

  • 01
    1. Check Deadlines: Confirm the applicable filing period under local and federal rules before drafting.
  • 02
    2. Gather Evidence: Assemble declarations, exhibits, and any newly discovered materials.
  • 03
    3. Draft Briefing: Write a focused argument citing the rule and controlling authority.
  • 04
    4. Serve and File: Serve opposing counsel per rules and submit via the court’s e‑filing system.

Where to File and How the Filing Moves Through the Court

Filing location and routing depend on the court and whether the case is in federal or state court; follow the court’s local rules and electronic filing procedures.

  • Federal District Court: File via the court’s CM/ECF system under the existing docket number.
  • State Trial Court: Use the state or county electronic filing portal where available, or paper file per local rules.
  • Clerk Review: Clerk accepts and assigns the motion to the case docket for judicial review.
  • Judge’s Ruling: Judge may grant, deny, or set a hearing for the motion.

Digital Workflow Settings for eFiling and Service

Configure your digital workflow to match filing and service requirements before submitting the motion electronically.

Field Configuration
Document Format PDF/A; flattened exhibits where required
File Naming Docket#_MotionToReconsider_Party.pdf
Service Method Email via e‑filing portal or certified mail if required
Retention Setting Keep signed copy and audit trail for retention period

Technical Requirements for eSigning and eFiling

Select a platform that preserves a timestamped audit trail and stores a reproducible record to meet ESIGN and local court requirements.

  • Document Types: PDF, PDF/A, DOCX supported
  • Authentication: Email link or stronger MFA as required
  • Integrations: Works with case management and cloud storage

Common Deadlines and Timing Rules to Watch

Timing rules determine the available procedural vehicle; federal courts differentiate between motions under Rule 59 and Rule 60, and state deadlines vary by jurisdiction.

FRCP 59(e) Deadline:

File within 28 days of entry for motion to alter or amend

FRCP 60(b) Deadline:

File within a reasonable time; for certain grounds within one year

Local Rule Limits:

Some courts impose shorter briefing or filing windows

Service Timing:

Serve opposing parties per local rules immediately on filing

Hearing Scheduling:

Court may set a hearing; allow lead time for calendar availability

Key Milestones from Draft to Judicial Decision

Track milestones so you meet filing, service, and response obligations that affect preservation of appellate rights.

01

Draft Complete

Finalized motion and exhibits ready for filing and service.

02

File and Serve

Submit to court and effectuate service on opposing parties.

03

Opposition Period

Opposing party files brief within the court’s response window.

04

Court Ruling

Judge issues an order granting, denying, or setting a hearing.

Consequences of Filing an Incorrect or Untimely Motion

Waiver of Rights: Missed deadlines can forfeit appellate arguments
Sanctions Risk: Frivolous motions may trigger fee-shifting or sanctions
Dismissal: Court may deny or dismiss on procedural grounds
Lost Evidence Opportunity: Untimely evidence may not be considered
Service Defects: Improper service can invalidate the filing
Administrative Rejection: Clerks may reject filings not meeting local format rules

Frequent Preparation Errors to Avoid

  • Missing the precise local or federal deadline, which can convert a meritorious motion into a waived claim.
  • Failing to attach or properly reference exhibits and declarations that support assertions of new evidence.
  • Using vague language instead of specifying the precise legal error, leading to summary denial by the court.
  • Incorrect service or docket number errors that prevent the motion from being properly entered on the case record.

Sample eSignature Vendor Comparison for Preparing and Signing a Motion to Reconsider

Compare basic pricing and key capabilities for commonly used eSignature vendors when choosing how to collect signatures and store audit trails for court filings.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently Asked Questions About Motions to Reconsider

Answers to common procedural and practical questions about drafting, signing, filing, and serving a Motion to Reconsider.


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