No. 21-599

Margaret L. Kinney v. HSBC Bank USA, N.A.

Lower Court: Tenth Circuit
Docketed: 2021-10-26
Status: Denied
Type: Paid
CVSGAmici (1)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: bankruptcy bankruptcy-court chapter-13 completion-discharge debtor-rights discharge modification motion-to-dismiss payment plan plan-modification
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2022-10-07 (distributed 3 times)
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?

Question Presented (OCR Extract)

QUESTION PRESENTED Should certiorari be granted to resolve the conflict among the courts of appeals as to whether a bankruptcy 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?

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 SilerMurr Siler & Accomazzo, P.C., Respondent
Jamie Grant SilerMurr Siler & Accomazzo, P.C., Respondent
Margaret Kinney
Taylor Ann Rausch MeehanConsovoy McCarthy PLLC, Petitioner
Taylor Ann Rausch MeehanConsovoy McCarthy PLLC, Petitioner
Stephen Edward BerkenBerken Cloyes, P.C., Petitioner
Stephen Edward BerkenBerken Cloyes, P.C., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Amicus
Elizabeth B. PrelogarSolicitor General, Amicus