United States Eighth Circuit
Baldwin v. Credit Based Asset Servicing & Securitization, 07-1084
Denial of debtor's motion to rescind a bankruptcy court's dismissal of his Chapter 13 case is reversed and remanded where the bankruptcy court should have characterized a pro se motion by debtor as a Rule 60(b)(4) motion and therefore erred in denying it for untimeliness without any fact-finding regarding whether the notice provided him satisfied due process.
Appellate Information
- Decided 02/25/2008
- Published 02/25/2008
Judges
- BENTON, Circuit Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Steven K. Brown, argued, St. Louis, MO, for appellant.
- For Appellees:
- Cynthia M. Woolverton, argued, St. Louis, MO, for appellee.