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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- 1 -
NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT OR ORDER UNDER RULE 60(b)(1)
 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
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that said judgment or order was taken against them due to their mistake, inadvertence, surprise, or
5

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excusable neglect as more fully set forth in the declaration of ________ and Exhibits attached

7 thereto.

8 This motion is made pursuant to Federal Rule of Bankruptcy Procedure 9024 and Federal
9
Rule of Civil Procedure 60(b)(1) (Rule 60) and shall be based upon this Notice, the attached
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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)(1)
 1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
STATEMENT OF FACTS
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INCLUDE A BRIEF STATEMENT OF THE CASE SUCH AS DATE FILED AND
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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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A judgment or order was entered on ____________. Said judgment or order states that LIST
10
HERE THE DETAILS OF THE JUDGMENT OR ORDER THAT YOU WANT VACATED.
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Moving party contends that they only heard about the judgment or order on
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13 _______________________.

14 See the seclaration of _______________________ and Exhibits attached thereto filed and
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served concurrently and incorporated herein by reference.
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NOTICE OF MOTION AND MOTION TO VACATE JUDGMENT OR ORDER UNDER RULE 60(b)(1)