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Kinney v. HSBC Bank USA, N.A.

Certiorari Denied

Petition for certiorari denied on October 11, 2022.

Docket No.21-599
Op. Below10th Cir.

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.

Proceedings & orders timeline

Oct 20, 2021
Petition for a writ of certiorari filed. (Response due November 26, 2021)
Nov 19, 2021
Waiver of right of respondent HSBC Bank USA, N.A. to respond filed.
Nov 23, 2021
DISTRIBUTED for Conference of 12/10/2021.
Dec 2, 2021
Response Requested. (Due January 3, 2022)
Dec 15, 2021
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
Dec 17, 2021
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
Feb 1, 2022
Brief of respondent HSBC Bank USA, N.A. in opposition filed.
Feb 16, 2022
DISTRIBUTED for Conference of 3/4/2022.
Mar 7, 2022
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 30, 2022
Brief amicus curiae of United States filed.
Sep 6, 2022
Supplemental brief of petitioner Margaret Kinney filed.
Sep 14, 2022
DISTRIBUTED for Conference of 10/7/2022.
Sep 14, 2022
Supplemental brief of respondent HSBC Bank USA, N.A. filed. (Distributed)
Oct 11, 2022
Petition DENIED.

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