Jeffries v. Herr
1:24-cv-01455
D. MarylandMay 20, 2025Background
- Emiko Jeffries, proceeding pro se, filed a Chapter 13 bankruptcy plan in the U.S. Bankruptcy Court for the District of Maryland in February 2023.
- Her plan was initially denied with leave to amend, and a subsequent amended plan was ultimately denied without leave to amend in January 2024.
- Jeffries failed to either convert her case to another chapter or voluntarily dismiss it as directed by the court.
- The Bankruptcy Court dismissed her case and terminated the automatic stay on May 7, 2024, citing failure to properly prosecute the case.
- Jeffries appealed the dismissal and also challenged procedural aspects and the validity of a lien held by Deutsche Bank.
- The District Court reviewed the Bankruptcy Court’s dismissal and affirmed the decision, relying in part on Jeffries’ failure to designate a complete record on appeal.
Issues
| Issue | Jeffries' Argument | Herr's Argument | Held |
|---|---|---|---|
| Dismissal for Failure to Prosecute | Court erred in dismissing after amended plan denied | Dismissal warranted, Jeffries failed to act per order | Affirmed dismissal; court acted within discretion |
| Record on Appeal | Record sufficient for review | Incomplete record prohibits review | Affirmed; insufficient record designated; summary affirmance |
| Sixth Amendment Right | Counsel committed misconduct, implicating right to counsel | Right to counsel doesn't apply in civil cases | Right to counsel does not attach in civil proceedings |
| Validity of Deutsche Bank Lien | Lien is invalid | Lien is valid and preserved in bankruptcy | Lien remains valid for purposes of appeal |
| Tenancy by Entirety Exemption | Creditor cannot enforce due to tenancy by entirety | Argument already rejected; insufficient record | Court declines to reach claim; already resolved |
Key Cases Cited
- Gold v. First Tenn. Bank Nat’l Ass’n, 743 F.3d 423 (4th Cir. 2014) (sets out standard of review for bankruptcy appeals)
- Erickson v. Pardus, 551 U.S. 89 (2007) (self-represented litigants are held to a less stringent standard)
- Klein v. PepsiCo, Inc., 845 F.2d 76 (4th Cir. 1988) (defines clear error standard in appeals)
- Estelle v. Gamble, 429 U.S. 97 (1976) (discusses liberal construction of filings by pro se litigants)