- In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
- Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order under Rule 60(b) of the Federal Rules of Civil Procedure, made applicable in a bankruptcy case by Rule 9014 of the Federal Rules of Bankruptcy Procedure.
- Procedural context:
- Appeal from judgment of the United States District Court for the District of New Jersey affirming Bankruptcy Court's plan confirmation order and denying motion for relief from confirmation order under Rule 60(b) of the Federal Rules of Civil Procedure.
- Appellant TD Bank objected to appellee's chapter 13 plan, which proposed to strip off from appellee's residence a scond mortgage held by TD Bank. Through inadvertence, TD Bank's counsel did not appear at the plan confirmation hearing, and the plan was confirmed with the strip off provision included. TD Bank filed a motion for relief from the plan confirmation order and requesting a hearing on the value of the residence. TD Bank contended that the basis for the relief sought was Rule 60(b)(1) of the Federal Rules of Civil Procedure, which provides for relief from a final order on the basis of inadvertence or excusable neglect. The Bankruptcy Court denied the motion, finding that Bankruptcy Code section 1330 prevented the relief sought in the absence of fraud.
- Jordan, Aldisert, and Nygaard, Circuit Judges.
In re: DIANN MARIE CATES
Summarizing by Lars Fuller
3322 in the system
11 Being Processed