No. 21-599
Margaret L. Kinney v. HSBC Bank USA, N.A.
Tags: bankruptcy bankruptcy-court chapter-13 completion-discharge debtor-rights discharge modification motion-to-dismiss payment plan plan-modification
Latest Conference:
2022-10-07
(distributed 3 times)
Question Presented (from Petition)
Should certiorari be granted to resolve the conflict among the courts of appeals as to whether a bank-ruptcy court may deny a motion to dismiss and/or grant a completion discharge when there remains, at the end of that plan term, a shortfall that the debtor is willing and able to cure within a reasonable time or whether such a payment made after the five-year period of a Chapter 13 plan is not a payment "under the plan" but an impermissible modification after the plan ended?
Question Presented (AI Summary)
Should a bankruptcy court deny a motion to dismiss and/or grant a completion discharge when there remains a shortfall that the debtor is willing and able to cure within a reasonable time?
Docket Entries
2022-10-11
Petition DENIED.
2022-09-14
DISTRIBUTED for Conference of 10/7/2022.
2022-09-14
Supplemental brief of respondent HSBC Bank USA, N.A. filed. (Distributed)
2022-09-06
Supplemental brief of petitioner Margaret Kinney filed.
2022-08-30
Brief amicus curiae of United States filed.
2022-03-07
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-01
Brief of respondent HSBC Bank USA, N.A. in opposition filed.
2021-12-17
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
2021-12-15
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
2021-12-02
Response Requested. (Due January 3, 2022)
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-19
Waiver of right of respondent HSBC Bank USA, N.A. to respond filed.
2021-10-20
Petition for a writ of certiorari filed. (Response due November 26, 2021)
Attorneys
HSBC Bank USA, N.A.
Jamie Grant Siler — Murr Siler & Accomazzo, P.C., Respondent
Margaret Kinney
Taylor Ann Rausch Meehan — Consovoy McCarthy PLLC, Petitioner
Stephen Edward Berken — Berken Cloyes, P.C., Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Amicus