UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
In Re Joseph Scott Manville § Case No.: 21-00564-13
Debtor. §
NOTICE OF MOTION TO VACATE ORDER OF DISMISSAL AND TO REOPEN THE CASE
You are notified that on _______________ (date), at ______ (time), or as soon thereafter as the Debtor can be heard, in Courtroom ___ of the United States Bankruptcy Court, Southern District of California at the __________ Courthouse at ____________________________________ (address).
The Debtor will bring on for hearing this Motion to Vacate Order of Dismissal and to Reopen the Case for the reasons in the attached Motion.
Respectfully Submitted,
______________________________
Joseph Scott Manville
Insert Address
Insert State and ZIP Code
Insert Phone Number
Insert Email
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
In Re Joseph Scott Manville § Case No.: 21-00564-13
Debtor. §
MEMORANDUM IN SUPPORT OF MOTION TO VACATE ORDER OF DISMISSAL AND TO REOPEN THE CASE
NOW COMES Joseph Scott Manville, Debtor, and brings this Motion to Vacate Order of Dismissal and to Reopen the Case pursuant to California Code, Code of Civil Procedure § 473(b) and hereby states as follows:
- “The court concluded that: (1) Section 473, subdivision (b) permitted relief from a judgment entered in accordance with a section 998 settlement for mistake, inadvertence, surprise, or excusable neglect. The discretionary relief provision of section 473, subdivision (b) applies to any judgment, dismissal, order, or other proceeding.” Zamora v Clayborn Contracting Group, Inc. (2002) 28 Cal. 4th 249, 254-55).
- Debtor mistakenly sent the requested additional schedules to the Trustee on March 3rd, 2021 (due to arrive March 4th, 2021, UPS receipt enclosed).
- Debtor was later informed by the Trustee’s office that he needed to send it to this Honorable Court directly.
- Due to Debtor’s mistake and subsequent failure to send the requested additional schedules to this Court, the case was dismissed for late delivery.
- Debtor is of the belief that there would have been a different outcome if he had filed the requested additional schedules before this Court.
- Debtor has attached copies of the missing schedules (D and CSD1300) that were mistakenly sent to the Trustee.
REASONS WHEREFORE, Debtor respectfully requests this Honorable Court to vacate the Order of Dismissal and to reopen the case.
Dated:
Respectfully Submitted,
______________________________
Joseph Scott Manville
Insert Address
Insert State and ZIP Code
Insert Phone Number
Insert Email
VERIFICATION
I, Joseph Scott Manville, being duly sworn depose and say that I am the Debtor in the above entitled action, that I have read the foregoing Motion to Vacate Order of Dismissal and to Reopen the Case and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this the _____ day of ____________________, 2021.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was sent on the (Date) day of (Month) (Year) by regular U.S. mail, by facsimile, or certified mail, return receipt requested, to the following parties or attorneys of record:
(Name of Attorney), Attorney at Law
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