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Rule 9023

Goldner Capital Mgmt. LLC, In re

Jun
13
2025
Ruling
Debtors’ request to alter language regarding dismissal as consequence of failure to file plans by court-ordered deadline denied. (Bankr. E.D.N.Y.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on June 13, 2025 , LexisNexis #0825-075
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In re Andrews

Jul
21
2015
Ruling
Motion to vacate judgment of dismissal for failing to attend creditors' meeting denied.
Issue(s)
Should dismissal of case due to debtor's failure to attend the § 341 meeting of creditors be vacated?

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Consumer opinion summary, case decided on July 21, 2015 , LexisNexis #0815-070
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VanBebber v. Wilkerson (In re Wilkerson)

Feb
01
2010
Ruling
Creditors not entitled to fees in dischargeability proceeding.
Procedural posture

Plaintiff creditors filed a motion seeking an award of attorney's fees against defendant chapter 7 debtor following a finding in their favor as to the nondischargeability of a debt. The creditors also requested a finding that the attorney's fees were nondischargeable. The court treated the motion for attorney's fees as a motion to alter or amend a final order pursuant to Fed. R. Civ. P. 59(e), as made applicable by Fed. R. Bankr. P. 9023.

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Consumer opinion summary, case decided on February 01, 2010 , LexisNexis #0310-063
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In re SI Restructuring Inc.

Dec
11
2009
Ruling
Court denied motion to reconsider ruling that chapter 11 plan did not reserve rights of action against LLC and debtor's former directors.
Procedural posture

The movants filed a motion pursuant to § 7.7 of a confirmed amended plan of liquidation (the 7.7 motion) requesting permission for derivative standing to file estate causes of action against a limited liability partnership and against former directors of the chapter 11 debtor (the potential defendants). The court denied the 7.7 motion. The movants filed a motion to reconsider under Fed. R. Bankr. P. 9023. The potential defendants objected.

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Commercial opinion summary, case decided on December 11, 2009 , LexisNexis #0110-140
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Raymond Profl Group Inc. v. William A. Pope Co. (In re Raymond Profl Group Inc.)

Sep
15
2009
Ruling
Debtor's motion to alter or amend judgment in adversary proceeding denied.
Procedural posture

The court entered a judgment in an adversary proceeding holding that defendant contractor was entitled to all funds in a disputed account, and against the claims of the bankruptcy estates of plaintiff debtors. The debtors filed a timely motion under Fed. R. Civ. P. 59 and 60, made applicable to bankruptcy by Fed. R. Bankr. P. 9023 and 9024 to alter or amend the judgment or for relief from judgment.

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Commercial opinion summary, case decided on September 15, 2009 , LexisNexis #1009-061
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Greaves v. Office of the Del. Atty. Gen. (In re Two Springs Membership Club)

May
05
2009
Ruling
Government not entitled to enforce tax liens against corporations it had not proven were alter egos of debtor.
Procedural posture

The United States (Government) filed a motion under Fed. R. Bankr. P. 9023, seeking an order altering or amending a judgment the bankruptcy court entered on April 17, 2009, which found, inter alia, that the Government was not entitled to payment of tax liens it filed against several corporations from proceeds a chapter 7 bankruptcy trustee derived when she sold a campground that was owned by a corporate debtor.

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Commercial opinion summary, case decided on May 05, 2009 , LexisNexis #0909-035
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