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Kinney v. HSBC Bank USA, N.A.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-599 10th Cir. TBD TBD TBD TBD TBD

Issue: 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. CVSG: 8/30/2022

DateProceedings and Orders (key to color coding)
Oct 20 2021Petition for a writ of certiorari filed. (Response due November 26, 2021)
Nov 19 2021Waiver of right of respondent HSBC Bank USA, N.A. to respond filed.
Nov 23 2021DISTRIBUTED for Conference of 12/10/2021.
Dec 02 2021Response Requested. (Due January 3, 2022)
Dec 15 2021Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
Dec 17 2021Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
Feb 01 2022Brief of respondent HSBC Bank USA, N.A. in opposition filed.
Feb 16 2022DISTRIBUTED for Conference of 3/4/2022.
Mar 07 2022The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 30 2022Brief amicus curiae of United States filed.
Sep 06 2022Supplemental brief of petitioner Margaret Kinney filed.
Sep 14 2022DISTRIBUTED for Conference of 10/7/2022.
Sep 14 2022Supplemental brief of respondent HSBC Bank USA, N.A. filed. (Distributed)