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Motion to Vacate Order
Last Updated: July 1, 2025

11 U.S.C. 105
Fed. R. Bank. P. 9014

Event: Bankruptcy > Motions/Applications > Vacate, Vacate Discharge, or Vacate Dismissal Order

A Motion to Vacate is filed by case parties as a means of requesting the Court to consider reversal of an order.

     
Vacating Order
Requester Basis Procedure
Debtor / Party in Interest
  1. Drafting Errors / Discrepancies
    (e.g. Incorrect chapter; District; party name; date; location; dollar amount)
  2. Legal basis warranting reversal of the order
  3. Change in Circumstance
 File Motion to Vacate
Vacating Discharge
Requester Basis Procedure
Interested Party Interested Party believes a legal basis exists for discharge to be vacated or revoked. File Adversary Proceeding

(See Filing an Adversary Complaint; Adversary Filing Requirements)
Debtor

Request to Vacate Discharge

  1. To file a Reaffirmation Agreement Rule 7001(4)
  2. Reverse a Discharge believed to be entered in error
 Motion to Vacate Discharge
Vacating Dismissal
Requester Basis Procedure
Debtor Request to reverse the Dismissal Order and have case reinstated Motion to Vacate Dismissal

Filing Requirements:

  • Motion to Vacate

  • Proposed Order (May be filed after hearing)

To File Electronically:

  1. Log into CM/ECF.

  2. Select [Bankruptcy >  Motions/Applications].

  3. Enter the Case number (e.g., xx-xxxxx)

  4. Select the appropriate event:

    1. [Vacate Dismissal Order]

    2. [Vacate Discharge]

    3. [Vacate]; Used for vacating all other types of orders.

      Note: To accurately report statistics to Congress, it is crucial that the corect event is selected.

  5. Select the party filer. If the party is not listed, click on Add/Create New Party.

    Note:  The Attorney/Party Association screen may appear. If your party selection was correct, check the box to create an association.

  6. Browse to select the Motion (.pdf file).

    Note:  Supporting documents and Proof of Service may be added as attachments to this document.

  7. Modify the text as appropriate.

  8. Verify the final docket text; if correct, click [Next] to submit your document(s).

    Note: The Notice of Electronic Filing displays giving you the document number. Copies of this notice are immediately e-mailed to all participants who receive electronic notification in the case.

NOTE: A hearing will be scheduled on the motion.