Okin putting it politely.
Entry of the DIP Loan Order Resulted From Mutual Mistake.
17. Relief from the DIP Loan Order is justified because the order resulted from
“mistake.” FED. R. CIV. P. RULE 60(b)(1). The Court looks to subsection (b)(1) of Rule 60 which
allows relief for reasons of mistake, inadvertence, surprise, or excusable neglect. Whether relief is
appropriate under Rule 60(b)(1) is left to the Court’s sound discretion. In re Spears, 352 B.R. 79,
82 (Bankr. N.D. Tex. 2006). The court may consider equitable principles and must attempt to
balance the desire to achieve finality against the policy of resolving a dispute fully on the merits.
