Now Updating
In re: JERSEY CITY COMMUNITY HOUSING CORP

Summarizing by Amir Shachmurove

In re Kem Lott Ralph

Citation:
In re Kem Lott Ralph [No. 13-8005] (6th Cir. B.A.P. Aug. 27, 2013)
Tag(s):
Ruling:
The B.A.P. held that the bankruptcy court did not err in determining that the debtor-appellant's motion fell outside the exception to the "one year rule" contained in Rule 9024 of the Federal Rules of Bankruptcy Procedure for the reconsideration of claims since the settlement agreement that the debtor sought relief from involved much more than just the disallowance of a claim. Accordingly, the B.A.P. affirmed the bankruptcy court's order dismissing the debtor/appellant's motion.
Procedural context:
At issue in this appeal was the scope of the exception in Rule 9024 of the Federal Rules of Bankruptcy Procedure (dealing with relief from a judgment or order) to the one-year time limit for bringing such actions contained in Rule 60(c) of the Federal Rules of Civil Procedure. Rule 60(c) provides that a motion for relief from a final judgment, order or proceeding "must be made within a reasonable time" and, in the case of mistake, inadvertence, surprise, excusable neglect, newly discovered evidence or fraud, no more than a year after the entry of the judgment or order or the date of the proceeding. Rule 9024 contains an exception to this "one year rule" for a motion to reopen a case under the Code or for the reconsideration of an order allowing or disallowing a claim against the estate that was entered without a contest.
Facts:
The debtor/appellant asserted that the exception in Rule 9024 "for the reconsideration of an order allowing or disallowing a claim against the estate entered without a contest" encompassed his request to revisit portions of a comprehensive settlement agreement that he entered into, nearly three years earlier, which involved much more than just the allowance or disallowance of a claim.
Judge(s):
Harris, Humphrey and Preston.

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