In re Singh

553 B.R. 404, 2016 Bankr. LEXIS 2357, 2016 WL 3452776
Procedural entryThis page is a short order in In re Singh. Read the opinion of the Court — 551 B.R. 54
United States Bankruptcy Court, E.D. California·Decided June 21, 2016·No. Case No. 10-28544-E-13·Published

Opinion

SUPPLEMENTAL MEMORANDUM OPINION AND DECISION DENYING MOTION TO RECONSIDER

RONALD H. SARGIS, Chief Judge, United States Bankruptcy Court

The court’s findings of facts and conclusions of. law are: (1) stated orally on the record at the June 14, 2016 hearing on this Motion; (2) in this Supplemental Memorandum Opinion and Decision; and (3) in the Memorandum Opinion and Decision (Dckt. 238) of the court for Raj Singh’s prior motion to vacate, which is incorporated herein in its entirety by this reference.

MOTION TO RECONSIDER

Raj Singh filed a “Request to Reopen the Bankruptcy and for Other Relief’ on May 26, 2016 (“Present Motion”). Dckt. 234. Raj Singh failed to properly notice and set the matter for hearing. The court issued an order setting the Motion for hearing for 3:00 p.m. on June 14, 2016. Dckt. 241. The Motion seeks to have the court vacate its order which requires that Raj Singh obtain prior authorization, during a specified eight-year period, from the chief bankruptcy judge in the district where he desires to file another bankruptcy case. Order, Dckt. 182 (“Prefiling Review Order”).

The Present Motion states that because Raj Singh “may need to file a bankruptcy on an emergency basis,” the court should: (1)modify or set aside the Pre-Filing Order; (2) reopen the Debtor’s bankruptcy case; and (3) waive the fees. In support of the Motion, Raj Singh argues that he “has no secured creditors to protect with a refiling bar.” Raj Singh also asserts that the Prefiling Review Order is not narrowly tailored and does not allow for Raj Singh to file a bankruptcy in the case of an emergency. The Motion does not identify any specific “emergency” need for filing a bankruptcy, but Raj Singh assures the court that he currently “is not planning to file a bankruptcy unless it is really needed to protect his basic needs.”

The court’s ruling on the Present Motion (“Ruling”) is that the motion is denied.

APPLICABLE LAW

Federal Rule of Civil Procedure Rule 60(b), as made applicable by Bankruptcy Rule 9024, governs the reconsideration of a judgment or order. Grounds for relief from a final judgment, order, or other proceeding are limited to:

(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;
[406] (4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief. Red. R. Civ, P. 60(b). A Rule 60(b) motion may not be used as a substitute for a timely appeal. Latham v. Wells Fargo Bank, N.A., 987 F.2d 1199 (5th Cir.La. 1993). The court uses equitable principles when applying Rule 60(b). See 11 Charles Alan Wright et al„ Federal Practice and Procedure § 2857 (3rd ed. •1998). The so-called catch-all provision, Fed. R. Civ. P. 60(b)(6), is “a grand reservoir of equitable power to do justice in a particular case.” Compton v. Alton S.S. Co., 608 F.2d 96, 106 (4th Cir.1979) (citations omitted). While the other enumerated provisions of Rule 60(b) and Rule 60(b)(6) are mutually exclusive, Liljeberg v. Health Servs. Corp., 486 U.S. 847, 863, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988), relief under Rule 60(b)(6) may be granted in extraordinary circumstances, Id. at 863 n. 11, 108 S.Ct. 2194.

A condition of granting relief under Rule 60(b) is that the requesting party show that there is a meritorious claim or defense. This does not require a showing that the moving party will or is likely to prevail in the underlying action. Rather, the party seeking the relief must allege enough facts, which if taken as true, allows the court to determine if it appears that such defense or claim could be meritorious. 12 James Wm. Moore et al„ Moore’s Federal Practice ¶¶ 60.24[l]-[2] (3d ed. 2010); Falk v. Allen, 739 F.2d 461, 463 (9th Cir. 1984).

Additionally, when reviewing a motion under Civil Rule 60(b), courts consider three factors: “(1) whether the plaintiff will be prejudiced, (2) whether the defendant has a meritorious defense, and (3) whether culpable conduct of the defendant led to the default” Falk, 739 F.2d at 463.

DISCUSSION AND RULING

The court has previously addressed a prior motion by Raj Singh for the court to vacate the Prefiling Review Order. The prefiling review only requires Raj Singh to present to the chief bankruptcy judge copies of the proposed petition, schedules, and other documents for review to see if they facially appear to have been competed truthfully, honestly, and in good faith (such as information actually being provided). This is nothing more than every other debtor, including pro se least sophisticated consumers, does every day in every district in this Country.

The court has issued a detailed Memorandum Opinion and Decision denying the prior motion to vacate the Prefiling Review Order (“Memorandum Opinion and Decision”), Dckt. 238, and incorporates that Ruling, including the Appendix thereto, into this Ruling by this reference. The court will not further recount the history of Raj Singh’s bankruptcy and non-bankruptcy filings, the applicable law, and the conclusions leading to the court denying the prior motion, as all are restated herein by incorporating that Memorandum Opinion and Decision into this Ruling.

This Present Motion was filed during the period that the court had the prior motion under submission. The court delayed issuing the Memorandum Opinion and Decision because Raj Singh had been incarcerated by a District Court Judge in the Eastern District of California (“District Court”) for Raj Singh’s failure to comply with an order of that court. This incarceration is addressed in the Memorandum Opinion and Decision. This court [407] was concerned that Raj Singh’s incarceration could adversely affect his ability to timely file a notice of appeal if he disagreed with the court’s ruling on the prior motion. Once Raj Singh was released from custody, the court issued the Memorandum Opinion and Decision.

The court now considers the additional information and arguments of Raj Singh in ruling on the Present Motion.

ARGUMENTS PRESENTED BY RAJ SINGH AT THE JUNE 14, 2016 HEARING

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In re Singh, 553 B.R. 404, 2016 Bankr. LEXIS 2357, 2016 WL 3452776 (Cal. 2016).

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