Case No. 04-67742.United States Bankruptcy Court, E.D. Michigan, Southern Division.
October 28, 2008
ORDER DENYING MOTION FOR RECONSIDERATION
THOMAS TUCKER, Bankruptcy Judge
This case comes before the Court on Debtors’ “Motion for Reconsideration of Order Dismissing Case,” filed on October 24, 2008 (Docket # 105), which seeks reconsideration of the October 15, 2008 Order dismissing this case (Docket # 103), and
The Court having reviewed and considered the Motion, and
The Court finds the Motion fails to demonstrate a palpable defect by which the Court and the parties have been misled, and that a different disposition of the case must result from a correction thereof. See Local Rule 9024-1(a)(3).
The Court also notes that the allegations in the Motion do not establish excusable neglect under Fed.R.Civ.P. 60(b)(1), FedR.Bankr.P. 9024, or any other valid ground for relief from the order dismissing this case.
In addition, the Court notes the following. The Motion overlooks and fails to address the reason that was stated in the dismissal order for the dismissal of the case (Docket # 103), namely, that the Debtors had failed to timely comply with the condition stated in the stipulation and order adjourning the August 21, 2008 hearing on the Trustee’s motion to dismiss, which condition (filing and serving a plan modification on or before September 4, 2008) the Debtors (through their attorney, David Goldstein) agreed to in the August 21, 2008 stipulation, but then
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failed to meet. (See Docket ## 90, 101, 102, 103). The stipulation stated that if the condition was not met, “the case shall be dismissed upon Order of the Court without further notice or hearing.” (Docket # 102).
NOW, THEREFORE,
IT IS ORDERED that the Motion should be, and is, DENIED.