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Correction of a clerical error in United States Bankruptcy Court

by Stan Burman

A request for correction of a clerical error in United States Bankruptcy Court is the topic of this blog post.

A request for correction of a clerical error in United States Bankruptcy Court is filed using the provisions of both Federal Rule of Civil Procedure 60(a) (“Rule 60(a)”) and Federal Rule of Bankruptcy Procedure 9024.

Grounds for filing a request for correction of a clerical error in United States Bankruptcy Court.

A request for correction of a clerical error in United States Bankruptcy Court is filed on the grounds that the clerical error or errors constitute a clerical mistake or a mistake arising from oversight or omission that is causing the records of the Court to not accurately reflect the actual orders or judgments made.

A Rule 60(a) request for correction of a clerical error should be filed whenever the records of the Court reflect an error that was clerical or mechanical in nature.

Federal Rule of Civil Procedure 60(a), made applicable by Federal Rule of Bankruptcy Procedure 9024, provides that “[t]he court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order or other part of the record.  The court may do so on motion or on its own, with or without notice.”

A motion filed under Rule 60(a) differs from rule 60(b) motions as corrections pursuant to Civil Rule 60(a) have no time limit.

And a well known legal treatise has stated that the bankruptcy court is entitled to modify an order under Rule 60(a) if the error was mechanical in nature rather than the result of a deliberate choice and the modification reflects the intent of the bankruptcy court at the time of the hearing.

And the Ninth Circuit Court of Appeals has stated in published cases that relief under Civil Rule 60(a) is not limited to clerical mistakes committed only by the clerk, it also applies to any mistakes made by the court, any of the parties or even the jury.

Sample motion requesting correction of a clerical error in United States Bankruptcy Court for sale.

Attorney or parties that would like to view a portion of a sample motion requesting correction of a clerical error in United States Bankruptcy Court containing brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and sample declaration sold by the author can see below.

Sample Motion to Correct Clerical Error in United States Bankruptcy Court by Stan Burman on Scribd

 

 

Attorneys or parties that would like more information on a Federal legal document collection containing over 50 sample documents including a motion requesting correction of a clerical error in United States Bankruptcy Court sold by the author can use the link shown below.

https://legaldocspro.myshopify.com/products/federal-legal-document-collection

Virtual paralegal with over 20 years of experience available for hire.

The author of this blog post, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit freeweeklylegalnewsletter.gr8.com/ for more information.

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DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

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