In re Jackson

In 2013, Jackson filed a voluntary Chapter 7 bankruptcy petition. The bankruptcy court lifted the automatic stay on Jackson’s residence. The bank foreclosed on Jackson’s residence in May 2014. Jackson’s right to redeem the property expired six months later. In October 2014, the Chapter 7 Trustee filed a no-asset report; in February 2015, Jackson obtained a discharge. Jackson submitted letters to the bankruptcy court in December 2016, stating that the account number for a creditor had changed; requesting “reconsideration of House being exempt in the bankruptcy case”; requesting a “sign[ed] court Order stating that the amended Scheduled have been listed, dismissed and entered”; and requesting reconsideration of an order denying her request to transfer the case. After a hearing, the bankruptcy court denied all of Jackson’s request and directed the Clerk to “prepare and enter a final decree discharging the trustee and closing the case promptly but not earlier than twenty-eight days after the entry” of that January 26, 2017 order. Jackson filed her Notice of Appeal 28 days later on February 23. On February 24, the Clerk docketed a “Text Order of Final Decree” which referenced the discharge and closed the case. The Sixth Circuit Bankruptcy Appellate Panel, sua sponte, raised the issue and found that the appeal was filed late under 28 U.S.C. 158(c)(2), Supreme Court precedent indicates that the statutory time requirements are jurisdictional in nature. View "In re Jackson" on Justia Law