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In Florida Bankruptcy Chapter 11 when an order is made what does the 10 days to file to set aside the order. The signature date?

Jacksonville, FL |
Filed under: Chapter 11 bankruptcy

I want to file on time.

Attorney Answers 4

Posted

Usually neither - the date it is entered on the docket. There are exceptions, and there is sometimes litigation over the effective date of an order. Of course, as Chapter 11 is a complicated process and there are very limited reasons a court will reverse or modify an order (not including you not liking the result or raising issues you should have raised before), a lawyer is almost always necessary.

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Posted

Such a motion would normally be made under bankruptcy Rule 9023. As you can see from the rule, the time runs from entry of the order. Many times the date the order was signed and filed by the judge, and the date the order was entered on the docket by the clerk of court will be the same date, but sometimes the order entry date is a day or so later, especially if the order was filed late in the day, without enough time for the clerk to get it entered the same day. If you look at the top of a copy of the filed order, it should state the order entry date.

Regarding the 10 days to file the motion to reconsider the order, that is an old period of time. Unless there are local rules that require a shorter period of time in your area, as you can see from Rule 9023, the current amount of time is 14 days.

As noted by a prior attorney, Ch 11 matters are quite complicated, and you should have an attorney representing you in this matter, who should know these rules very well, including any local rules that might apply that attorneys who practice outside of the district where you are located might not know about.

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Posted

You need a lawyer. Think about it, you can't tell how this simple thing works, how can you expect to actually successfully contest the order?

Or maybe this adverse order would not have been entered had you had an attorney to begin with.

Chapter 11 is not a pro se friendly environment, and sometimes you take an order to the chin just to not piss off the judge. Only an attorney can advise you on when the right time to appeal etc is and when the time to bite the bullet is.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: www.avanesianlaw.com for more information about my services.

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Posted

Mr. Cantrell is right. The time runs from the date the order is entered on the docket, which is usually indicated on the top of the order these days. If you have a copy which does not have a stamp on the top, you must check online on the PACER system to determine the correct EOD date. If you do not have access to PACER (you need an account), you can check for free at the Clerk's office. The time period is 14 days.

Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

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1 comment

Todd Michael Boudreaux

Todd Michael Boudreaux

Posted

I agree with all of the answers that advise you to consult with an attorney. You risk losing or waiving significant rights without legal representation in this type of matter.

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