Arnold v. G.E. Capital Auto Lease, Inc.

Type

Opinion of the Court

Author

Eugene Edward Siler Jr.

Filed

April 8, 2003

Case

Arnold v. G.E. Capital Auto Lease, Inc.

Case status

Decided

The first passage of the document, as extracted by the source provider.

SILER, Circuit Judge. Plaintiff Gregory Arnold appeals the dismissal of his bankruptcy appeal by the district court below, arguing that the district court erred in denying his motion to *189 allow the late filing of his appellate brief. For the following reasons, we AFFIRM. BACKGROUND Arnold filed a Chapter 13 bankruptcy petition in 1996. One objective of this petition was to convert Arnold’s vehicle lease agreement with defendant GE Capital into a purchase. The matter proceeded in the bankruptcy court, and Arnold received a discharge on June 8, 1999. A dispute developed, however, when GE Capital repossessed the vehicle and sold it at auction following the debtor’s discharge. Arnold filed a motion to reopen the case, and GE Capital filed a motion for relief pursuant to Rule 60 of the Federal Rules of Civil Procedure. The bankruptcy court, on February 7, 2000, granted GE’s request for relief from the confirmation order based on the “equities of the case.” Arnold filed a timely notice of appeal from the bankruptcy court order. The Notice to Parties was issued on March 15, 2000. Pursuant to Rule 8009 of the Federal Rules of Bankruptcy Procedure, Arnold had fifteen days, or until March…

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