Neal v. Wells Fargo Bank, N.A.
Neal v. Wells Fargo Bank, N.A.
Opinion of the Court
ORDER ON APPEAL
Appellant-Debtors Clifford J. Neal and Lise M. Neal appeal the United States Bankruptcy Court for the Middle District of Georgia’s order denying Appellants’ motion for reconsideration. In essence, Appellants contend the Bankruptcy Court erred by failing to hold a hearing before entering a final written order that deviated from a prior oral “order.”
LEGAL STANDARD
The Court has jurisdiction to hear this appeal pursuant to 28 U.S.C. § 158(a). In reviewing the decision of a bankruptcy court, a district court functions as an appellate court.
BACKGROUND
On November 30, 2009, Appellants filed a petition under Chapter 13 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Middle District of Georgia, Athens Division.
The Bankruptcy Court held a hearing on Appellants’ motion on July 18, 2012.
DISCUSSION
The Bankruptcy Court did not err by failing to hold a second hearing on Appellant’s motion to substitute collateral. As an initial matter, the Court is perplexed by Appellants’ contention that they were entitled to a second hearing when they “make no claim to having had a right to an initial hearing in this matter.”
CONCLUSION
Having reviewed the applicable law and the arguments of the parties, the Court agrees with the decision of the Bankruptcy Court. Accordingly, it is hereby ORDERED that the decision of the Bankruptcy Court be AFFIRMED.
SO ORDERED.
. Appellants list five issues in their brief; however, they are all essentially restatements of the same underlying issue.
. Appellants' Brief, p. 12 [Doc. 3].
. See Williams v. EMC Mortg. Corp. (In re Williams), 216 F.3d 1295, 1296 (11th Cir. 2000) (per curiam).
. Fed. R. Bankr.P. 8013.
. Id.
. Equitable Life Assurance Soc’y v. Sublett (In re Sublett), 895 F.2d 1381, 1384 (11th Cir. 1990).
. See Nordberg v. Arab Banking Corp. (In re Chase & Sanborn Corp.), 904 F.2d 588, 593 (11th Cir. 1990).
. Goerg v. Parungao (In re Goerg), 930 F.2d 1563, 1566 (11th Cir. 1991).
. Ch. 13 Voluntary Petition, p. 1, In re Neal, Ch. 13 Case No. 09-31990 [Doc. 1] (M.D.Ga. Nov. 30, 2009).
. Order Confirming Ch. 13 Plan, p. 3, In re Neal, Ch. 13 Case No. 09-31990 [Doc. 37] (M.D. Ga. June 4, 2010)
. Mtn. to Substitute Collateral, ¶ 4 [Doc. 1-3, P- 2].
. See generally id.
. Bankr.Ct. Docket, pp. 7-8 [Doc. 1-1].
. See July 18, 2012 Hearing Transcript, pp. 8-9 [Doc. 1-4]; Response to Mtn. to Substitute Collateral, ¶ 8 [Doc. 1-4, p. 11].
. Id. at pp. 24-28.
. Id. at 28.
. The parties agree Wells Fargo emailed a proposed order after the July 18th hearing, but Appellants state the email was sent “approximately two days later,” whereas Wells Fargo contends it sent the email on July 19, 2012. Appellants Brief, p. 8 [Doc. 3]; Wells Fargo Brief, p. 6 [Doc. 5].
. Bankr.Ct. Docket, p. 8. The order was signed on July 20th but was not docketed until July 23rd.
. October 13, 2012 Hearing Transcript, p. 26 [Doc. 1-4],
. Id.
. Order on Mtn. for Reconsideration, p. 1 [Doc. 1-3, p. 19].
. Appellants' Brief, p. 9.
. See generally, July 18, 2012 Hearing Transcript.
. In re Gholston, No. 6:ll-bk-17200-ABB, 2012 WL 639288, at *4 n. 3 (Bankr.M.D.Fla. Feb. 27, 2012) (citing Barger v. City of Cartersville, 348 F.3d 1289, 1293 (11th Cir. 2003)); see also Fed.R.Civ.P. 58.
. Fed. R. Bankr.P. 9021.
. Fed. R. Bankr.P. 5003(a).
. Orders for reconsideration are only appropriate when "(1) an intervening change of controlling law has occurred, (2) evidence not previously available has become available, or (3) it is necessary to correct a clear error of law or prevent manifest injustice.” In re Barber, 318 B.R. 921, 924 (Bankr.M.D.Ga. 2004). Appellants’ motion did not present any of these "extraordinary circumstances.” See Condor One, Inc. v. Homestead Partners, Ltd. (In re Homestead Partners, Ltd.), 201 B.R. 1014, 1017 (Bankr.N.D.Ga. 1996).
Reference
- Full Case Name
- In the Matter of Clifford J. NEAL and Lise M. Neal v. WELLS FARGO BANK, N.A.
- Cited By
- 2 cases
- Status
- Published