1 Any Attorney or Party

Any Street
2 Any Town, CA 55555

3 714-555-5555

4 Any Attorney or Party

8 UNITED STATES BANKRUPTCY COURT

9 __________ DISTRICT OF _________

10

11 IN RE: ________________, ) Case No.

)
12 Debtor(s), ) Chapter __
)
13 )
NOTICE OF MOTION AND MOTION TO VACATE
)
JUDGMENT OR ORDER; MEMORANDUM OF
14 )
POINTS AND AUTHORITIES; DECLARATION
)
OF_______; EXHIBITS
15 )
)
16 ) DATE:
) TIME:
17 ) PLACE
)
18 )
)
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT OR ORDER UNDER RULE 60(b)(3)
 1 PLEASE TAKE NOTICE that on ________, at ______M. in Courtroom _____ of the
2 above-entitled Court located at ___________________________, ________ ___ will move this
3
Court for an order vacating the judgment or order entered against them on _______ on the grounds of
4
fraud, misrepresentation, or other misconduct of an adverse party which prevented the moving party
5

6
from fairly presenting their case as more fully set forth in the declaration of ________ and Exhibits

7 attached thereto.

8 This motion is made pursuant to Federal Rule of Bankruptcy Procedure 9024 and Federal
9
Rule of Civil Procedure 60(b)(3) (Rule 60) and shall be based upon this Notice, the attached
10
Memorandum of Points and Authorities, the declaration of _________ and Exhibits attached thereto,
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the complete files and records of this action, and such other and further oral and documentary
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13 evidence as may be presented at the hearing on this Motion.

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Dated_________________________ _______________________________________
16 Any Attorney or Party

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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT OR ORDER UNDER RULE 60(b)(3)
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
4
INCLUDE A BRIEF STATEMENT OF THE CASE SUCH AS DATE FILED AND
5

6
BANKRUPTCY CHAPTER AND INCLUDE SOME BRIEF FACTS REGARDING THE

7 JUDGMENT OR ORDER THAT YOU WANT TO HAVE VACATED INCLUDING THE

8 DATE ENTERED.
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On _____________ a judgment or order was entered LIST DETAILS OF JUDGMENT OR
10
ORDER.
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Moving party contends that the Court should vacate the judgment on the grounds of fraud,
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13 misrepresentation, or other misconduct of an adverse party which prevented the moving party from

14 fairly presenting their case as more fully set forth in the declaration of ________ and Exhibits
15
attached thereto filed and served concurrently herewith and incorporated herein by reference.
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LIST HERE THE SPECIFIC DETAILS SUPPORTING YOUR REQUEST TO
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VACATE THE JUDGMENT ON THE GROUNDS OF FRAUD, MISREPRESENTATION OR
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19 MISCONDUCT OF AN ADVERSE PARTY AND WHY THIS PREVENTED YOU FROM

20 FAIRLY PRESENTING YOUR CASE. BE SURE TO CITE TO THE ATTACHED

21
DECLARATION AND EXHIBITS IF APPROPRIATE.
22
You need to state the facts that pertain to your particular
23

24 situation. You need to state the facts as to exactly when you became
25

26 aware of the fraud, misrepresentation or misconduct. Do not just use

27
the wording from this sample for this paragraph.
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT OR ORDER UNDER RULE 60(b)(3)
 1 To purchase the entire 12 page document visit:
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judgment-under-rule-60b3-in-united-states-bankruptcy-court
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT OR ORDER UNDER RULE 60(b)(3)