Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Sarah Hyunsoon No v. Gorman

United States Court of Appeals, Fourth Circuit

May 24, 2018

SARAH HYUNSOON NO, Debtor - Appellant,
v.
THOMAS PATRICK GORMAN, Trustee - Appellee. PAULA STEINHILBER BERAN, Court-Assigned Amicus Counsel.

          Argued: May 10, 2018

          Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:17-cv-00135-GBL-IDD)

         ARGUED:

          Paula Steinhilber Beran, TAVENNER & BERAN, PLC, Richmond, Virginia, Court-Assigned Amicus Counsel. Thomas Patrick Gorman, OFFICE OF THE CHAPTER 13 TRUSTEE, Alexandria, Virginia, Appellee.

         ON BRIEF:

          Marcelo R. Michel, OFFICE OF THE CHAPTER 13 TRUSTEE, Alexandria, Virginia, for Appellee.

          Before DUNCAN and AGEE, Circuit Judges, and SHEDD, Senior Circuit Judge.

         Reversed and remanded by published opinion. Judge Duncan wrote the opinion, in which Judge Agee and Senior Judge Shedd joined.

          DUNCAN, CIRCUIT JUDGE:

         The U.S. Bankruptcy Court for the Eastern District of Virginia dismissed Appellant's bankruptcy case without a hearing under Local Bankruptcy Rule 3070-1(C), [1]and the district court affirmed. Because the plain language of 11 U.S.C. § 1307 requires a hearing, we reverse and remand.

         I.

         On November 30, 2016, Sarah Hyunsoon No filed a voluntary petition for Chapter 13 bankruptcy under § 301 of the U.S. Bankruptcy Code (the "Bankruptcy Code"). See 11 U.S.C. § 301. On December 15, 2016, No filed her "Amended Chapter 13 Plan and Related Motions" with attachments ("Chapter 13 Plan"). Bankruptcy Code § 1326 requires a debtor under these circumstances to "commence making payments not later than 30 days after the date of filing of the plan or the order for relief, whichever is earlier, " to the trustee. 11 U.S.C. § 1326(a)(1). No neither commenced payments within the time limit[2] nor appeared for a required meeting of creditors.

         On January 13, 2017, Thomas P. Gorman, the Chapter 13 Trustee, filed a "Local Bankruptcy Rule 3070-1(C) Certification" stating that No had failed to commence timely payments as required by 11 U.S.C. § 1326. Local Bankruptcy Rule 3070-1(C) provides that "[u]pon receipt of such a certification, the Clerk shall enter an order dismissing the case." Bankr. E.D. Va. R. 3070-1(C). Gorman also separately filed a "Motion to Dismiss, Notice of Motion to Dismiss, and Notice of Scheduled Hearing on This Motion." This latter filing argued that dismissal was proper for three reasons: (1) No failed to attend the required meeting of creditors; (2) No failed to commence payments as required under § 1326; and (3) No's Chapter 13 Plan was not made in good faith.

         The bankruptcy court scheduled a hearing on the motion to dismiss for February 9, 2017, with responses to be filed at least five days before that hearing, and it notified the parties.[3] However, the bankruptcy court dismissed the case on January 17, 2017, before the scheduled hearing could occur. Its dismissal relied solely on Local Bankruptcy Rule 3070-1(C) and Gorman's certification under that Rule ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.