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Margaret L. Kinney v. HSBC Bank USA, N.A.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 20-1122 · judgment July 23, 2021

Certiorari denied · October 11, 2022
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Tenth Circuit decision below, and counsel who has filed here before, and down for a business respondent.

Question presented

Should certiorari be granted to resolve the conflict among the courts of appeals as to whether a bankruptcy court may deny a motion to dismiss and/or grant a completion discharge when there remains, at the end of that plan term, a shortfall that the debtor is willing and able to cure within a reasonable time or whether such a payment made after the five-year period of a Chapter 13 plan is not a payment “under the plan” but an impermissible modification after the plan ended?

Counsel of record

For petitioner
Taylor Ann Rausch Meehan
Consovoy McCarthy PLLC

For respondent
Jamie Grant Siler
Murr Siler & Accomazzo, P.C.

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Oct 11 2022
    Petition DENIED.
  2. Sep 14 2022
    DISTRIBUTED for Conference of 10/7/2022.
  3. Sep 14 2022
    Supplemental brief of respondent HSBC Bank USA, N.A. filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  4. Sep 06 2022
    Supplemental brief of petitioner Margaret Kinney filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Aug 30 2022
    Brief amicus curiae of United States filed.
    Main DocumentCertificate of Word Count
  6. Mar 07 2022
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  7. Feb 16 2022
    DISTRIBUTED for Conference of 3/4/2022.
  8. Feb 01 2022
    Brief of respondent HSBC Bank USA, N.A. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  9. Dec 17 2021
    Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
  10. Dec 15 2021
    Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
    Main Document
  11. Dec 02 2021
    Response Requested. (Due January 3, 2022)
  12. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  13. Nov 19 2021
    Waiver of right of respondent HSBC Bank USA, N.A. to respond filed.
    Main Document
  14. Oct 20 2021
    Petition for a writ of certiorari filed. (Response due November 26, 2021)
    PetitionAppendixCertificate of Word CountProof of Service