In re Fleurantin

Summarized by Elie Herman ,
14 years 11 months ago

Citation:

In re: Fleurantin, No. 09-4376 (3rd Cir. March 24, 2011)

Tag(s):

3rd Circuit

Ruling:

NOTE: Opinion marked " NOT PRECEDENTIAL." The United States Court of Appeals for the Third Circuit (1) affirmed the District Court’s decision that it lacked jurisdiction to review the Bankruptcy Court’s order converting the proceeding from Chapter 13 to Chapter 7 and; (2) denied Debtor's motion for relief on the basis of ineffective assistance of counsel. Fleurantin could have appealed the conversion order (entered by the Bankruptcy Court on February 20, 2007) when the order was entered. However, since Fleurantin did not file his appeal within the time laid out under Fed. R. Bankr. P. 8002(a), the District Court lacks jurisdiction to review the order. Accordingly, although having jurisdiction to review the District Court's decision, the Circuit Court does not have jurisdiction to review the Bankruptcy Court's order. Fleurantin’s claim for relief on the basis that he received ineffective assistance of counsel (in regards to the Bankruptcy Court’s orders of, December 1 and 29, 2009, imposing conditions on the dismissal of the bankruptcy petition) does not state a basis upon which relief can be granted. A party to a civil action is not entitled to relief on this basis. The Circuit Court did not address issues raised for the first time in Fleurantin’s reply brief.

Procedural context:

(1) Appeal from the District Court's decision that it lacked jurisdiction to hear Debtor's appeal of the Bankruptcy Court's conversion of the proceedings from Chapter 13 to Chapter 7. (2) Motion for relief, on the basis of ineffective assistance of counsel, from conditions imposed by the Bankruptcy Court in discharging the bankruptcy.

Facts:

Debtor failed to file appeal of the Bankruptcy Court's conversion from Chapter 13 to Chapter 7 within the time limit specified by Fed. R. Bankr. P. 8002(a). Ineffective assistance of counsel is not a basis for a claim of relief from the Bankruptcy Court's imposition of conditions in dismissing the petition.

Judge(s):

Per Curiam

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