#SAMPLE MOTION FOR RECONSIDERATION IN CHAPTER 11 BANKRUPTCY FREE#
The Sale Order shall, among other things, (i) approve, pursuant to Sections 105, 363 and 365 of the Bankruptcy Code, (A) the execution, delivery and performance by Sellers of this Agreement, (B) the sale of the Purchased Assets to Purchaser on the terms set forth herein and free and clear of all Encumbrances (other than Encumbrances included in the Assumed Liabilities and Permitted Encumbrances), and (C) the performance by Sellers of their obligations under this Agreement (ii) authorize and empower Sellers to assume and assign to Purchaser the Assigned Contracts and (iii) find that Purchaser is a “good faith” buyer within the meaning of Section 363(m) of the Bankruptcy Code, not a successor to Sellers and grant Purchaser the protections of Section 363(m) of the Bankruptcy Code. Sale Order The Sale Order shall be entered by the Bankruptcy Court. Even if my summary ends up being nearly as long as the opinion itself.Related to Bankruptcy Court Approval Motionīankruptcy Court Approval The Bankruptcy Court shall have entered the Sale Order, in form and substance reasonably satisfactory to Buyer, and the implementation, operation or effect of such order shall not be stayed or any stay entered shall have been dissolved.Ĭourt Approval This Agreement is subject to approval of the courts with respect to participating carriers in the hands of receivers or trustees.Īpproval Order The Approval Order shall have been entered by the Bankruptcy Court. I look forward to reading any other opinions that he has the opportunity to issue prior to his departure from the bench. His succinct writing and speaking style is a rarity in the legal world and it will be missed. Not investing this time is understandable in routine motions, but as Judge Walsh said, a motion for reconsideration isn’t a routine motion, rather, it is “an extraordinary means of relief in which the movant must do more than simply reargue the facts of the case.” Opinion at *3. It is particularly important to take the time to review any writings of the judge before whom the argument is being made. Consequently, the motion for reconsideration is denied.”Ī lawyer needs to gain familiarity with the required elements of a motion prior to filing it. I conclude that interpretation has no merit. “A party seeking reconsideration must establish at least one of the following grounds: (1) an intervening change in the controlling law (2) newly available evidence or (3) the need to correct a clear error of law or fact to prevent manifest injustice.” Opinion at *3-4.īecause the Movant did not make any of these three arguments, Judge Walsh summarily reviews the facts that led to his original decision, closing with a summary of his prior decision “The dispute here raises an issue of contract interpretation. 17, 2012), to provide the elements required for a motion to reconsider to be granted. Judge Walsh cites to his own opinion, In re Fruehauf Trailer Corp., 2012 WL 604145 (Bankr. After Judge Walsh granted the motion to dismiss, the Movant filed his motion for reconsideration. In response to the complaint, the defendants moved to dismiss, claiming that the Movant had no standing as he was not an employee of a Debtor. The Movant was the plaintiff in a lawsuit brought against the Chapter 7 Trustee in this case as well as other defendants. Judge Walsh’s opinion is available here (the “Opinion”).
In 3-1/2 pages of his opinion, Judge Walsh explains the requirements of a motion for reconsideration and illustrates the weakness of the movant’s position. The efficient manner of speech which Judge Walsh employs during hearings shines through in this opinion released Decemin the Worldspace bankruptcy (Bank.
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