In re Ernest Ken Henry

Summarized by Dean Langdon , DelCotto Law Group PLLC
10 years 6 months ago

Citation:

15 FED App 0005P (6th Cir.); File name: 15b0005p.06; Docket No. 15-8004

Tag(s):

Ruling:

The Sixth Circuit BAP affirms the order of the bankruptcy court for the Southern District of Ohio dismissing the debtor's chapter 13 case, finding that the decisions to dismiss was not an abuse of discretion as the pro se debtor had options to make sure an amended plan was timely filed.

Procedural context:

The bankruptcy court dismissed the bankruptcy when the pro se debtor failed to file an amended plan in the time allowed. The debtor timely appealed to the BAP.

Facts:

Mr. Henry filed a pro se chapter 13 bankruptcy on October 27, 2014, and filed a chapter 13 plan on November 5, 2014. At a confirmation hearing on January 8, 2015, the debtor agreed to file an amended plan within 14 days. Although the debtor claimed he mailed an amended plan on the 14th day, it was never received by the court or the trustee, and the case was dismissed on February 4, 2015. The BAP found the debtor knew what needed to be done, and that "If there was any doubt that the documents would arrive through the mail, the debtor should have made arrangements to present the documents physically to the Court."

Judge(s):

Delk, Harrison and Lloyd; opinion by Lloyd

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