Date of Decision:
December 11, 2015
Whether the Court, under Fed.Rs.Civ.P. 59(e) or 60(b), will reconsider its order granting in part and denying in part the chapter 7 trustee's motion for turnover?
Because the motion to reconsider did not identify the rule under which relief was sought, the Court looked at both Rule 59(e) and Rule 60(b). The motion could not be considered under Rule 59(e) since it was filed more than 14 days after the order was entered. The motion was denied under Rule 60(b) because the chapter 7 trustee did not identify any mistake, inadvertence, surprise, or excusable neglect, did not claim he possessed newly discovered evidence, did not allege anyone defrauded the Court, did not show the order was void or had been satisfied, and did not identify any extraordinary circumstance that prevented the trustee's motion for turnover from being fully and fairly litigated.
Full Bankruptcy Court Decision: