In Re: Janice Carrington
- Analisa Torres
- 1:23-cv-06430
- U.S. District Court · Southern District of New York
- 1
In re Janice Carrington: Judge Torres affirmed converting Carrington’s Chapter 11 bankruptcy case to Chapter 7 after no objections were filed.
Janice Carrington and the bankruptcy case she appealed; the order also involved appellees Salvatore LaMonica and William K. Harrington, the United States Trustee.
What happened
In re Janice Carrington concerns Janice Carrington’s appeal of a Bankruptcy Court order converting her case from Chapter 11 to Chapter 7. The Bankruptcy Court cited several reasons, including gross mismanagement, missed reporting requirements, and failure to timely file a confirmable plan.
A magistrate judge recommended affirming the conversion order. Carrington, who represented herself, received notice that she could object, but no objections were filed before the deadline. The District Court therefore reviewed the recommendation for clear error.
Judge Analisa Torres found no clear error, adopted the recommendation in full, and affirmed the conversion order. She directed the Clerk to enter judgment, mail the order to Carrington, and close the case.
The detailed version
- In Re: Janice Carrington · No. 1:23-cv-06430
- Analisa Torres
- Jan. 5, 2024
Background
Janice Carrington, the debtor, appealed an order from the Bankruptcy Court for the Southern District of New York that converted her bankruptcy case from Chapter 11 to Chapter 7. The Bankruptcy Court identified multiple grounds for conversion, including several acts of gross mismanagement, failure to comply with reporting requirements, and failure to timely file a confirmable plan.
Report and Recommendation
Magistrate Judge Robert W. Lehrburger issued a Report and Recommendation recommending that the District Court affirm the conversion order. Carrington represented herself in the appeal. She was notified of her right to object to the recommendation, but no objections were filed, and the objection period expired.
Ruling
When no objection is filed to a magistrate judge’s recommendation, the District Court reviews the recommendation for clear error, meaning an obvious mistake. Judge Analisa Torres found no clear error, adopted Judge Lehrburger’s recommendation in its entirety, and affirmed the Bankruptcy Court’s conversion order. The Court directed the Clerk to enter judgment consistent with the order, mail a copy to Carrington, and close the case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.