Kentucky Motion to Vacate Judgment and Order of Sale

State:
Kentucky
Control #:
KY-073LRS
Format:
Word; 
Rich Text
Instant download

Description

This Motion is use when the mortgager has filed a Chapter 7 Bankruptcy. The Judgment order of sale is in violation of Chapter 7 and must be vacated.

Definition and meaning

The Kentucky Motion to Vacate Judgment and Order of Sale is a legal document that allows a party to request the court to annul a previous judgment and the associated order for the sale of property. This form is essential in situations where the judgment may have been rendered in error or when new circumstances arise that warrant a review and reconsideration of the decision.

How to complete a form

Completing the Kentucky Motion to Vacate Judgment and Order of Sale involves several key steps:

  • Fill in the case number and division of the court at the top of the form.
  • Identify the plaintiff and defendant in the appropriate sections.
  • Provide details regarding the date of the original judgment and the reason for requesting the vacating of that judgment.
  • Attach any supporting documentation, such as evidence of bankruptcy filings, to substantiate your claims.
  • Sign and date the form, as well as include contact information for your legal counsel if applicable.

Who should use this form

This form is intended for plaintiffs or defendants who wish to challenge a court's previous ruling, particularly when that ruling has led to an order of property sale. It is especially useful for individuals or entities involved in foreclosure proceedings who have grounds to argue that the judgment contradicts their legal situation or that new evidence has emerged that could affect the original decision.

Legal use and context

The Kentucky Motion to Vacate Judgment and Order of Sale is used in civil litigation contexts, particularly in real estate and foreclosure cases. It is applicable when the judgment in question has been rendered during the litigation process, and the party requesting the motion can demonstrate legitimate reasons for vacating the judgement, such as a violation of legal procedures or the emergence of new evidence.

Key components of the form

When reviewing the Kentucky Motion to Vacate Judgment and Order of Sale, it is essential to note the following key components:

  • Caption: This section identifies the court and nature of the case.
  • Motion Statement: A clear statement outlining the request to vacate, including supporting reasons.
  • Attachment of Evidence: Necessary documentation that supports the motion, such as bankruptcy papers or other relevant records.
  • Signature Block: Space for the plaintiff’s attorney to sign, indicating representation and contact information.

What documents you may need alongside this one

When filing the Kentucky Motion to Vacate Judgment and Order of Sale, you may need to include the following documents:

  • Proof of bankruptcy filing or any relevant court documents.
  • Copies of the prior judgment and order of sale.
  • Any evidence that supports your claim for vacating the judgment.
  • Affidavits or sworn statements from witnesses, if applicable.
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Kentucky Motion to Vacate Judgment and Order of Sale