Kinney v. HSBC Bank USA, N.A.
Petition for certiorari denied on October 11, 2022
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.
| Date | Proceedings and Orders |
|---|---|
| 10/20/2021 | Petition for a writ of certiorari filed. (Response due November 26, 2021) |
| 11/19/2021 | Waiver of right of respondent HSBC Bank USA, N.A. to respond filed. |
| 11/23/2021 | DISTRIBUTED for Conference of 12/10/2021. |
| 12/02/2021 | Response Requested. (Due January 3, 2022) |
| 12/15/2021 | Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk. |
| 12/17/2021 | Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022. |
| 02/01/2022 | Brief of respondent HSBC Bank USA, N.A. in opposition filed. |
| 02/16/2022 | DISTRIBUTED for Conference of 3/4/2022. |
| 03/07/2022 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 08/30/2022 | Brief amicus curiae of United States filed. |
| 09/06/2022 | Supplemental brief of petitioner Margaret Kinney filed. |
| 09/14/2022 | DISTRIBUTED for Conference of 10/7/2022. |
| 09/14/2022 | Supplemental brief of respondent HSBC Bank USA, N.A. filed. (Distributed) |
| 10/11/2022 | Petition DENIED. |