Opinion
CASE NO. 96-12037-H7.
March 14, 2006
ORDER DENYING DEBTOR'S MOTION FOR RECONSIDERATION
Debtor, pro se, submitted a Motion for Reconsideration of 15 Order Overruling Debtor's Objections to Claim #3 (filed by Apex Wholesale, Inc.) on March 6, 2006.
Pursuant to this Court's internal practice and procedure, the Court reviews a motion for reconsideration on the merits before the motion is set for hearing. The Court has reviewed the debtor's motion, memorandum of law and accompanying exhibits and finds it inappropriate to set a hearing.
Debtor does not cite any Federal Rule of Bankruptcy Procedure as the basis fox his motion. If moving under Federal Rule Bankruptcy Procedure 9023, which incorporates Federal Rule Civil Procedure 59, debtor does not meet his burden of showing an extraordinary reason for granting the Motion for Reconsideration. There has been no new evidence that was previously unavailable, any change in applicable law, nor a clear error of law in the prior decision. Moreover, the Court cannot find any of the grounds set forth in Federal Rule Bankruptcy Procedure 9024, which incorporates Federal Rule Civil Procedure 60(b), would warrant relief. Debtor's brief is nothing more than a recapitulation of the arguments he already made in his December 7, 2005, brief. Debtor does not suggest this Court overlooked any matters but rather uses his motion for reconsideration in an attempt to relitigate arguments that already have been decided by this Court.
The Court finds there are no grounds for the debtor's request for reconsideration. No hearing will he held.
IT IS SO ORDERED.