UNITED STATES BANKRUPTCY COURT Case No. 14-41678 (CEC) Eric H. Richmond Debtor MOTION TO VACATE DECISION DENYING MOTION FOR STAY PENDING APPEAL DATED OCTOBER 10, 2014 TITLE VII. JUDGMENT > Rule 60. Relief from a Judgment or Order (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. (On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (4) the judgment is void; PRELIMINARY STATEMENT 4. This motion is based solely on FRCP 60(b)(4). 2. The motion is not about any other prong of FRCP 60(b). 3. There is no deadline for vacating void decisions. 4. Laches does not apply to vacating void decisions. 5. Mootness doctrines are not applicable in void decisions. 6. _ Void judgements must be set aside.FACTS 7. — The Court filed an amended order lifting the automatic stay on August 13, 2014 (ECF #71). 8. Debtor moved the court for a stay pending appeal on September 25, 2014 (ECF #93) scheduling a public hearing on October 16, 2014. 9. The court immediately (September 26, 2014) canceled the scheduled public hearing (ECF #95) while granting PB #7, LLC seven (7) days until October 3, 2014 to file a reply. 10. The same order did not allow any days, let alone the same seven (7) days allotted to PB #7, LLC, for the Movant to file a response. 14. PB#7, LLC filed an affirmation in opposition and memorandum of law on October 1, 2014 (ECF #103/ #105). 12. Within the same time alloted to P.B. #7, LLC of seven (7) days, the Debtor filed an Affirmation in Further Support of a Stay Pending Appeal (ECF #114 - October 8, 2014). 13. On October 10, 2014 the court entered a decision and order (ECF #111 / #112). PAGE #2THE JUDGEMENT IS THE RESULT OF A DUE PROCESS VIOLATION 14. The court removed opportunity to be heard by eliminating a scheduled public hearing at which Debtor could make a record. 15. It was impossible for the court to address papers filed on October 8, 2014, two days prior to the October 10, 2014 Decision and Order, if those papers were not entered before the Decision and Order. 16. The cancellation of a scheduled public hearing and the failure to enter documents filed days before a decision was entered but not entered until after a decision was entered created a failure of due process as the DEBTOR was not afforded an opportunity to be heard or make a record and was improperly denied meaningful access to the court, a blocking of the courthouse doors. THE JUDGMENT IS VOID 17. Due process violations create void, not just voidable, nullities. A judgment is void under Rule 60(b)(4) of the Federal Rules of Civil Procedure “only if the court that rendered it lacked jurisdiction of the subject matter, or of the parties, or ifit acted in a manner inconsistent with due process of law." Texlon Corp. v. Mirs. Hanover Commercial Corp., 596 F.2d 1092, 1099 (2d Cir.1979) (quoting 11 Wright & Miller, Federal Practice and Procedure, § 2862 at 198 (1973)); see also Fustok v. ContiCommodity Servs., Inc., 873 F.2d 38, 39 (2d Cir.1989). - Grace v. BANK LEUMI TRUST COMPANY OF NEW YORK, Court of Appeals, 2nd Circuit 2006 PAGE #3