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Rule 9024

Stage Presence Inc. v. Geneve Intl Corp. (In re Stage Presence Inc.)

Ruling: 
Newly discovered evidence supported pleading of fraud claim.
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Commercial case opionion summary, case decided on June 24,2016, LexisNexis #0716-090

In re Blackwater Enters.

Ruling: 
Stay of order for sale of debtor corporation's sole asset denied.
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Commercial case opionion summary, case decided on December 17,2013, LexisNexis #0114-035

In re Canopy Fin. Inc.

In a claw-back action by a receiver on behalf of plaintiff debtor, a default judgment was entered against defendant casino for plaintiff's monies spent by two of its officers, who were later convicted of fraud. When plaintiff executed on the judgment, defendant moved under Fed. R. Bankr. P. 9024 to vacate the default. A bankruptcy judge denied the motion. The U.S. District Court for the Northern District of Illinois affirmed. Defendant appealed.
Ruling: 
Transferee could not vacate default in avoidance proceeding where it did not supply necessary precedent to district court.
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Commercial case opionion summary, case decided on February 28,2013, LexisNexis #0313-104

In re Patel

Movant bank, a secured creditor of a debtor, asked the court to set aside an earlier stipulation between the bank and debtor providing for the treatment of its claim in debtor's chapter 11 plan, which plan was later confirmed. The stipulation's execution essentially mooted debtor's motion to value certain real property. Issues included whether relief was available under Fed. R. Civ. P. 60, rendered applicable by Fed. R. Bankr. P. 9024.
Ruling: 
Bank not entitled to set aside stipulation for treatment of claim based on later, higher appraisal.
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Consumer case opionion summary, case decided on June 15,2012, LexisNexis #0712-102

In re TP Inc.

The chapter 11 trustee sought to modify, amend, or set aside a consent order entered for the benefit of creditor mortgagee, pursuant Fed. R. Civ. P. 60(b)(1), (2), (3), and (6), made applicable to bankruptcy cases by Fed. R. Bankr. P. 9024. The consent order modified the automatic stay to allow the creditor to proceed with foreclosure on certain of the debtor's properties.
Ruling: 
Consent order allowing company to foreclose set aside to prevent irreparable harm to estate.
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Commercial case opionion summary, case decided on June 12,2012, LexisNexis #0712-034

Moore v. Delta Cmty. Credit Union (In re Moore)

Before the court was the Motion to Reconsider the Court's Final Order Resolving the Adversary Proceeding filed by defendant creditor. Plaintiff debtors opposed the Motion.
Ruling: 
Reconsideration of order resolving adversary proceeding granted on grounds of excusable neglect and limited delay or prejudice.
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Consumer case opionion summary, case decided on March 06,2012, LexisNexis #0612-139

In re Garvin

Creditor sought rehearing and reconsideration of the court's order approving modification of debtor's second amended chapter 13 plan via a determination that Fed. R. Bankr. P. 9024 allowed relief from a confirmation order for any reason listed in Fed. R. Civ. P. 60(b). Movant ultimately sought relief from the order based on excusable neglect.
Ruling: 
Relief from confirmation denied absent fraud.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1211-034

Badami v. Sears Cattle Co. (In re AFY Inc.)

Defendant cattle company filed a motion to amend a judgment under Fed. R. Bankr. P. 9023 or for relief from judgment under Fed. R. Bankr. P. 9024. Chapter 7 trustee opposed the motion. The judgment granted the trustee's claim for collection of an account receivable owed by defendant to the debtor (the trustee's first cause of action).
Ruling: 
Judgment on trustee's collection claims vacated as the matter was non-core and would not be resolved in the claims allowance process.
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Commercial case opionion summary, case decided on August 18,2011, LexisNexis #0911-136

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