In re Brian L. DeCerb

Summary

The United States Bankruptcy Court for the Western District of Pennsylvania denied Brian L. DeCerb’s motion to reconsider dismissal of his Chapter 13 case. The court held that the debtor failed to establish excusable neglect or extraordinary circumstances under Federal Rule of Civil Procedure 60(b), despite making a curative payment after dismissal. The court emphasized that the debtor had already received an extended grace period to cure the plan arrearage after the expiration of the plan term.

Holdings

1. The debtor failed to establish excusable neglect because the relevant hardships and delays were already known when the court granted nearly seven months to cure, and the debtor's eventual payment did not justify reopening the dismissed case.
2. The debtor failed to demonstrate the extraordinary circumstances and extreme and unexpected hardship required for relief under Rule 60(b)(6).
3. A debtor's eventual ability to cure a Chapter 13 payment default is not itself a basis to vacate a prior dismissal.

Questions Presented

1. Whether the debtor established excusable neglect under Federal Rule of Civil Procedure 60(b)(1) sufficient to vacate dismissal of his Chapter 13 case after expiration of the plan term and after receiving an extended opportunity to cure.
2. Whether the debtor demonstrated extraordinary circumstances and extreme and unexpected hardship warranting relief under Federal Rule of Civil Procedure 60(b)(6).
3. Whether the debtor's eventual ability to pay the plan arrearage constituted an independent basis to reinstate the dismissed Chapter 13 case.

Disposition

denied