Summary
This Bankruptcy Appellate Panel opinion affirms the dismissal of a Chapter 13 bankruptcy case by the District of South Dakota bankruptcy court. The panel holds that the debtor's failure to file a mandatory credit counseling certificate within the statutory timeframe provided independent grounds for dismissal under 11 U.S.C. § 109(h). Additionally, the court notes that the debtor's appellate brief failed to comply with Federal Rule of Bankruptcy Procedure 8014's formatting and citation requirements, which alone warrants summary dismissal. Consequently, the appeal is dismissed and the lower court's order is affirmed.
Topics
Practice areas
Questions Presented
- Whether the bankruptcy court abused its discretion in dismissing the case for failure to file a credit counseling certificate.
- Whether the bankruptcy court abused its discretion in dismissing the case for failure to make required filing‑fee installment payments.
- Whether the appellant’s failure to comply with Federal Rule of Bankruptcy Procedure 8014 warrants dismissal of the appeal.
Holdings
- The bankruptcy court did not abuse its discretion; the credit‑counseling requirement under 11 U.S.C. §109(h)(1) is mandatory and dismissal is proper when the debtor fails to file the certificate.
- The appellant’s brief does not satisfy FRBP 8014(a); such non‑compliance is a sufficient ground to dismiss the appeal, and even assuming compliance, the bankruptcy court’s dismissal is affirmed.
Key quotations
“The order compelling Debtor to supply a credit counseling certificate made it clear that “if Debtor fails to timely comply with this order, this case may be dismissed by separate order, without further notice or hearing.”” (891)
“Debtor’s Appellant Brief disregards nearly all of this Court’s brief writing requirements and fails to include a single citation—legal or otherwise.” (361)
Factual background
Debtor filed a chapter 13 voluntary petition, paid part of the filing fee in installments, did not submit the mandatory credit counseling certificate, and missed two installment deadlines. The bankruptcy court ordered dismissal for those failures.
Procedural history
Debtor filed a chapter 13 petition on Aug. 16, 2024, was allowed to pay filing fee in installments, failed to file required credit counseling certificate and missed installment payments; the bankruptcy court dismissed the case on Oct. 15, 2024; Debtor appealed.