Case No. 10-75794.United States Bankruptcy Court, E.D. Michigan, Southern Division.
March 15, 2011
ORDER DENYING MOTION FOR RECONSIDERATION
THOMAS TUCKER, Bankruptcy Judge
This case is before the Court on Debtor’s motion entitled “Ex-Parte Motion to Reinstate and to Set Aside Dismissal and Allow Filing of Matrix and Reset 341 Hearing,” filed on March 11, 2011 (Docket # 23, the “Motion”), which this Court construes as a motion for reconsideration of, and for relief from, the March 1, 2011 Order dismissing this case (Docket # 19), 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 finds 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. Contrary to the assertion in Debtor’s Motion, and although not required to do so, the Clerk did issue a notice of deficiency, stating that an acceptable credtior’s matrix was not uploaded, on November 30, 2010. That notice required that Debtor remedy this deficiency within 7 days of the notice, i.e., no later than December 7, 2010, but Debtor failed to do so. Notice of the filing of this deficiency notice was served electronically on Debtor’s counsel by e-mail, by the Court’s ECF system, on November 30, 2010. (Docket # 3).
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NOW, THEREFORE,
IT IS ORDERED that the Motion should be, and is, DENIED.
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