Case No. 08-59442.United States Bankruptcy Court, E.D. Michigan, Southern Division.
September 25, 2008
ORDER DENYING MOTION FOR RELIEF FROM ORDER DISMISSING CHAPTER 13 CASE
THOMAS TUCKER, Bankruptcy Judge
This case is before the Court on Debtor’s “Motion For Relief From Order Dismissing Chapter 13 Case for Failure To Comply With Order,” filed on September 24, 2008 (the “Motion”) (Docket # 28), which this Court construes as a motion for reconsideration of, and for relief from, the Court’s September 22, 2008 Order dismissing this case with a 180-day bar to refiling another bankruptcy case (Docket # 23).
The Court has reviewed and considered the Motion, and finds the Motion fails to demonstrate a palpable defect by which the Court and the parties have been misled, and that a different disposition of the case must result from a correction thereof See Local Rule 9024-1(a)(3).
In addition, the Court notes the following. The allegations in the Motion do not establish excusable neglect under Fed.R.Civ.P. 60(b)(1), Fed R.Bankr.P. 9024, or any other valid ground for relief from the order dismissing this case. Any neglect or mistake by Debtor’s counsel, such as that alleged in the Motion, is generally attributable to the Debtor, for purposes of determining whether any such neglect or mistake was excusable see, e.g., Pioneer Investment Services Co. v. Brunswick Associates Limited Partnership, 507 U.S. 380, 396-97 (1993) (in determining whether “excusable neglect” is shown, “the proper focus is upon whether the neglect of [the movants]
Page 2
and their counsel was excusable” (italics in original)).
Accordingly,
IT IS ORDERED that the Motion (Docket # 28) is DENIED.