Bourgeois v. Bank of America, No. 12-6056 (8th Cir. 2013)
Annotate this CaseDebtor appealed the order of the bankruptcy court denying his motion for reconsideration of a previous order dismissing his chapter 7 case. The bankruptcy court, in issuing the previous order dismissing his case, denied debtor's request for a temporary waiver of the credit counseling requirement on his bankruptcy petition. The bankruptcy appellate panel (BAP) granted debtor's motion for rehearing and considered the merits of his appeal. Debtor had not identified anything in the record to suggest that the bankruptcy court, in denying his motion for reconsideration, failed to consider any relevant factors, considered or gave significant weight to any irrelevant or improper factors, or committed a clear error of judgment in weighing the proper factors. Consequently, the BAP found no abuse of discretion and affirmed the judgment.
Court Description: Bankruptcy Appellate Panel. Untimely petition for rehearing granted; debtor's motion for reconsideration before the bankruptcy court will be treated as Rule 60(b) motion, and the bankruptcy court did not abuse its discretion by denying the motion. [ March 19, 2013
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