Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Ralph

United States Bankruptcy Appellate Panel of the Sixth Circuit

August 27, 2013

In re Roger Mason RALPH, Debtor.

Editorial Note:

This decision has been designated as "United States Bankruptcy Appellate Panel for the Sixth Circuit Decisions Without Reported Opinions" table appearing in the Bankruptcy Reporter. Use FI CTA6 BAP Rule 8010-1 for rules regarding the citation of unpublished opinions.

Appeal from the United States Bankruptcy Court for the Western District of Tennessee, Case No. 09-23696.

ON BRIEF:

Thomas H. Strawn, Strawn & Edwards, PLLC, Dyersburg, Tennessee, for Appellant.

John L. Ryder, Brent A. Heilig, Harris Shelton Hanover Walsh PLLC, Memphis, Tennessee, for Appellees.

Before: HARRIS, HUMPHREY, AND PRESTON, Bankruptcy Appellate Panel Judges.

OPINION

ARTHUR I. HARRIS, Bankruptcy Appellate Panel Judge.

At issue in this appeal is the scope of the exception in Rule 9024 of the Federal Rules of Bankruptcy Procedure to the one-year time limit under Rule 60(c) of the Federal Rules of Civil Procedure. The debtor-appellant asserts that the exception in Rule 9024 " for the reconsideration of an order allowing or disallowing a claim against the estate entered without a contest" encompasses his request to revisit portions of a comprehensive settlement agreement, entered nearly three years earlier, which involved much more than just the allowance or disallowance of a claim. After reviewing the record, the parties' briefs, and applicable law, the Panel concludes that the bankruptcy court did not err in determining that the debtor-appellant's motion fell outside the exception in Rule 9024 for the reconsideration of claims and was therefore untimely under Rule 60(c). Accordingly, we affirm ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.