Rule 8001

General Lending Corp. v. Cancio

Appellee debtors filed a motion in the United States Bankruptcy Court for the Southern District of Florida to reopen and reinstate their Chapter 13 bankruptcy case, which had been dismissed for failure to timely file a plan. The bankruptcy court conditionally granted the motion and reinstated the case upon payment of fees incurred by appellant creditor. The creditor appealed.
Ruling: 
Bankruptcy court acted within discretion in reopening case based on proffer by debtor's counsel regarding excusable neglect in filing chapter 13 plan.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1011-101

Klauman v. GMAC Mortg. LLC

After a bankruptcy court dismissed the class action complaint of appellant debtors against appellee creditors for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1), the debtors challenged the dismissal. The creditors sought a dismissal of the appeals on the ground that the notices of appeal were untimely.
Ruling: 
Appeal of dismissal of debtors' class action proceeding dismissed as debtors failed to file notice of appeal within ten days of order.
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Consumer case opionion summary, case decided on August 28,2008, LexisNexis #1008-140
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