FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
PUERTO RICO. Hon. Francisco A. Besosa, U.S. District Judge.
Trujillo-Gonzalez was on brief for appellant.
Vá zquez Garcí a was on brief for appellee.
Thompson, Hawkins,[*] and Barron, Circuit Judges.
HAWKINS, Circuit Judge.
appeal arises from a dispute whether the bankruptcy court
erred in enlarging time for a creditor to file an unsecured
claim. Appellant Julio Enrique Gil-De La Madrid, debtor to
Appellee Bowles Custom Pool & Spa, appeals the district
court's order affirming the bankruptcy court's
decision to permit Bowles to file an unsecured claim after
the initial statutory ninety-day deadline from the date of
the initial creditors' meeting had passed. Because this
deadline fell in a period between the case's dismissal
and subsequent reinstatement, the bankruptcy court reset the
deadline to account for the time the case was dismissed and
accepted Bowles's claim as timely. We affirm. We also
deny Bowles's motion for attorney fees, costs, and/or
Appellant filed for Chapter 13 bankruptcy protection, the
bankruptcy court set July 19, 2012, as the deadline for
creditors to file unsecured claims. On June 13, 2012, the
bankruptcy court granted the trustee's motion to dismiss
the case. Pursuant to Appellant's motion for
reconsideration, however, the case was reinstated on August
1, 2012, after the July 19 deadline had passed. When Bowles
sought leave to file an untimely unsecured claim on August 7,
2012, explaining it had assumed the July 19 deadline was no
operative after the case's June dismissal, the bankruptcy
court reset the filing deadline to September 6, 2012, and
accepted Bowles's claim. The district court affirmed this
decision and entered final judgment.
Standard of Review
bankruptcy court order on appeal from the district court is
reviewed directly. We disturb its factual findings only if
clearly erroneous, but apply de novo review to its
conclusions of law. In re Furlong, 660 F.3d 81, 86
(1st Cir. 2011).