Examples of Reconsideration Motion in a sentence
In the Reconsideration Motion, Defendants now argue that the relevant loan documents with Chase reflect that the Debtor alone was primarily liable to Chase on account of the loan and that the Defendants were only secondarily liable, having guaranteed the Debtor’s obligation to Chase for the loan.
Specifically, the Defendants asks the Court to reconsider only the portion of its Decision that “concluded thatthe Defendants’ liability to the Debtor is not reduced by payments made by the Defendants to JPMorgan Chase Bank, N.A.” Reconsideration Motion ¶ 1.Rule 59(e) of the Federal Rules of Civil Procedure authorizes the filing of a “motion to alter or amend a judgment.” Fed.
The Reconsideration Motion seeks relief under Rule 9023 of the Federal Rules of Bankruptcy Procedure, which makes Rule 59(e) of the Federal Rules of Civil Procedure applicable to cases under the Bankruptcy Code.
The Committee shall withdraw the Reconsideration Motion as of the Support Commencement Date and shall file a notice of withdrawal on the docket of the Chapter 11 Cases effectuating such withdrawal within two (2) Business Days after the filing on the docket of the Amended Plan, without prejudice to the refiling of the Reconsideration Motion on an emergency basis in the event that this Agreement is breached by a Party other than the Committee or otherwise terminated.
The Opposition does not, however, demonstrate that the Reconsideration Motion is moot.
In its Reconsideration Motion, Google contends that the Court erred in the Previous Order by concluding that F&G had set forth a claim of direct patent infringement in the Amended Complaint.
Far from supporting the Reconsideration Motion, the Macphail Declaration actually supports the ODRA’s original findings by stating among other things that “ATS adopted the CSR Quality Assurance Management Plan (QAMP)” and the “same was true with the Training Plan utilized in the ATS proposal.” Macphail Declaration at ¶ 7.
The UST favors the appointment of a chapter 11 trustee in these cases (see Reconsideration Motion at 2), but the UST did not file a motion for appointment of a trustee.Among other reasons, the UST seeks reconsideration on grounds that the Stipulation and Order was entered without sufficient notice or an opportunity to object.
As a result of those efforts, the parties achieved a negotiated resolution of the Reconsideration Motion and the Shipping Objection, thereby avoiding further litigation respecting these matters.
Simply, Earl disagreed with the bankruptcy court’s decision to approve the Final Report, and the Reconsideration Motion reiterated rejected objections to that Report.