Needler v. Internal Revenue Service, et al., No. 10-6085 (8th Cir. 2011)
Annotate this CaseAppellant, the debtors' attorney, as a holder of an administrative claim for his attorney fees, appealed the Bankruptcy Court's Order denying his motion to reconsider an Order denying his Rule 60(b) motion. The court held that the Bankruptcy Court did not abuse its discretion in denying appellant's motion where the motion could not serve as a substitute for a timely appeal from orders authorizing a surcharge and where there were no exceptional circumstances or grounds establishing excusable neglect which would warrant the granting of the motion. The court also rejected appellant's claim that the motion was justified by newly discovered evidence.
Court Description: Bankruptcy Appellate Panel. Bankruptcy court did not abuse its discretion by denying Needler's Rule 60(b) motion as the motion could not serve as a substitute for a timely appeal from orders authorizing a surcharge and there were no exceptional circumstances or grounds establishing excusable neglect which would warrant the granting of the motion; claim that the motion was justified by newly discovered evidence rejected.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.