In re: Henry, No. 15-8004 (6th Cir. 2015)
Annotate this CaseHenry filed a Chapter 13 Bankruptcy Petition, without counsel. The Trustee objected to confirmation of his plan, arguing that the repayment period exceeded five years and was too speculative; there was no evidence Henry would be able to meet the required payments. Henry agreed to have his original plan denied and was allowed to remedy errors by filing an amended plan by January 22, 2015. Henry maintains that an amended plan was mailed to the Bankruptcy Court on January 22, 2015. The Court never received an amended plan, nor did the Trustee. The Trustee submitted an order for dismissal, which was entered on February 4. Henry received the order on February 9, and immediately went to the Bankruptcy Court and filed amended schedules and an appeal. The Bankruptcy Appellate Panel for the Sixth Circuit affirmed. The Trustee was extremely thorough in explaining what was expected and what to file; Henry was receiving communications from the Bankruptcy Court through traditional mail. If there was any doubt that the documents would arrive through the mail, he should have made arrangements to present the documents physically to the Court. Filing requirements and deadlines are necessary to an orderly bankruptcy process.
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