Lee v. Anasti

Filing 22

ORDER denying 21 Motion for Reconsideration pursuant to Bankruptcy rule 8015. Signed by Honorable Joseph F Anderson, Jr on 06/01/2010.(bshr, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA C O L U M B IA DIVISION In re: G in a Anasti Lee, D eb tor. ) ) ) ) ) ) C / A No.: 3:10-196-JFA ORDER

T h is matter comes before the court on the May 19, 2010 motion for rehearing (Dkt. N o . 21) of appellant Gina Anasti Lee (the "Debtor") on the court's May 6, 2010 judgment a f f irm in g the bankruptcy court. (Dkt. No. 20.) Rule 8015 provides that "a motion for re h e arin g may be filed within 14 days after entry of the judgment of the district court." Fed. R . Bankr. P. 8015. R u le 8015 fails to specify a standard for granting rehearing and the Fourth Circuit has n o t yet weighed in on the question. Courts considering Rule 8015 motions generally look to Rule 40 of the federal appellate rules for guidance, and this court will do the same. In re Z e g e ye , No. 2004-1387, 2005 WL 544763, at *2 (D. Md. March 4, 2005); BCORP-HRT, L L C v. Lobb, 66 Fed. App'x 164, 165 (10th Cir. 2003). R u le 40 provides that a petition for rehearing is appropriate only where the petitioner s ta te s "with particularity each point of law or fact that the petitioner believes the court has o v e rlo o k e d or misapprehended." Fed. R. App. P. 40(a)(2). Because petitions for rehearing f u n c tio n to ensure that the appellate court properly considered all relevant information in c o m in g to its decision, petitions for rehearing should not simply reargue the petitioner's case o r assert new grounds. See Armster v. U.S. Dist. Court for C.D. Cal., 806 F.2d 1347 (9th

C ir. 1986). After reviewing the arguments made in Debtor's motion for rehearing, the court finds n o point of law overlooked or misapprehended, and concludes that Debtor seeks only to re a rg u e points already decided. Accordingly, the court hereby denies Debtor's motion for reh ea rin g (Dkt. No. 21). IT IS SO ORDERED.

Ju n e 1, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

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