In re G.A.D., Inc., Debtor. Donna Eglinton v. Hugh Loyer & George Chapel, 340 F.3d 331 (6th Cir. 2003). · Go Syfert
In re G.A.D., Inc., Debtor. Donna Eglinton v. Hugh Loyer & George Chapel, 340 F.3d 331 (6th Cir. 2003). Cases Citing This Book View Copy Cite
90 citation events (90 in the last 25 years) across 25 distinct courts.
Treatment trajectory · 2004 → 2026 · click a year to view as-of
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Cited for
At page 334 Reviewing denial of rule 60(b) motion for abuse of discretion34 citing cases“regardless of circumstances, no court can consider a motion brought under rule 60(b)(1), (2), or (3) a year after judgment.”6 citing courts quote it · 32 listed here
  • Montanez, No. 2:21-cv-11645 (E.D. Mich. Jan. 7, 2026).
    (Regardless of circumstances, no court can consider a motion brought under Rule 60(b)(1), (2), or (3) a year after judgment.)
  • Penny v. Brown, No. 2:20-cv-10359 (E.D. Mich. Aug. 12, 2025).
    (Regardless of circumstances, no court can consider a motion brought under Rule 60(b)(1), (2), or (3) a year after judgment.)
  • United States v. Roderick Williams, 56 F.4th 366 (4th Cir. 2023).published
    (Regardless of circumstances, no court can consider a motion brought under Rule 60(b)(1), (2), or (3) a year after judgment.)
  • Billops v. Target Corp., No. 4:12-cv-15395 (E.D. Mich. Nov. 15, 2022).
    (Regardless of circumstances, no court can consider a motion brought under Rule 60(b)(1), (2), or (3) a year after judgment.)
  • Hale, No. 2:05-cv-71301 (E.D. Mich. Aug. 21, 2026).
    “Regardless of circumstances, no court can consider a motion brought under Rule 60(b)(1), (2), or (3) a year after judgment.” In re G.A.D., Inc., 340 F.3d 331, 334 (6th Cir. 2003) (citing Fed. R.
  • Gomez, No. 6:22-cv-00045 (E.D. Ky. Jan. 23, 2026). 2 cites
    In instances where the “reason to set aside the judgment is known within the time for filing notice of appeal, a [Rule 60(b)] motion should be brought . . . during that period.” In re G.A.D., Inc., 340 F.3d 331, 334 (6th Cir. 2003) (citing…
  • Mid-Am. Apt. Communities, Inc. v. DOE-1, No. 2:23-cv-02186 (W.D. Tenn. June 25, 2025).
    Tyler v. Anderson, 749 F.3d 499, 510 (6th Cir. 2014) (citing In re G.A.D., Inc., 340 F.3d 331, 334 (6th Cir. 2003)).
  • Bawgus v. United States, No. 2:22-cv-00132, 2024 WL 3837752 (E.D. Tenn. Aug. 15, 2024).
    “As a prerequisite to relief . . . a party must establish that the facts of its case are within one of the enumerated reasons contained in Rule 60(b) that warrant relief from judgment.” Johnson v. Unknown Dellatifa, 357 F.3d 539, 543 (6th…
  • Conway v. Palczuk, 733 F. Supp. 3d 430 (E.D.N.C. 2024).published 2 cites
    See In re Bli Farms, P’ship., 465 F.3d at 658 ; In re G.A.D.., Inc., 340 F.3d 331, 334, 335-37 (6th Cir. 2003); In re Butler, 2 F.3d at 155 .
  • Coney Island Auto Parts Unlimited, Inc. v. Vista-Pro Auto., LLC, No. 3:22-cv-00804 (M.D. Tenn. Sept. 8, 2023).
    (Stating that Rule 60(b)(4)
Show 22 more citing cases
  • Killing v. Craft Auto. Repair, LLC, No. 4:21-cv-00507 (N.D. Ohio Aug. 23, 2023).
    In arguing that it filed its motion within a reasonable time, a movant must set forth a reasonable basis for delay. 7yler v. Anderson, 749 F.3d 499, 510 (6th Cir. 2014) (citing Jn re G.A.D., Inc., 340 F.3d 331, 334 (6th Cir. 2003)); Days I…
  • Kissner v. Palmer, No. 4:10-cv-14759 (E.D. Mich. Oct. 13, 2022).
    “Regardless of circumstances, no court can consider a motion brought under Rule 60(b)(1), (2), or (3) a year after judgment.” In re G.A.D., Inc., 340 F. 3d 331, 334 (6th Cir. 2003).
  • Patel v. Hughes, No. 3:21-cv-00436 (M.D. Tenn. July 28, 2022).
    “The burden is on the movant[s] to bring [themselves] within the provisions of Rule 60(b).” In re G.A.D., Inc., 340 F.3d 331, 334 (6th Cir. 2003).
  • Beaver v. Eastland Mall Holdings, LLC, No. 2:20-cv-00485 (S.D. Ohio Mar. 23, 2022).
    Tyler v. Anderson, 749 F.3d 499, 510 (6th Cir. 2014); In re G.A.D., Inc., 340 F.3d 331, 334 (6th Cir. 2003); Days Inns Worldwide, Inc. v. Patel, 445 F.3d 899, 905 (6th Cir. 2006) (denying relief from default judgment, in part, because the…
  • Rankin, No. 5:06-cv-13726 (E.D. Mich. Mar. 22, 2021).
    Regardless, the opportunity for bringing a Rule 60(b)(4) motion has passed: “[M]otions under [Rule 60] subsections (4), (5), and (6) may be made within a ‘reasonable time,’ which [the Sixth Circuit has] determined is dependent upon the fac…
  • Watkins v. Straub, No. 2:00-cv-72648 (E.D. Mich. Mar. 25, 2020).
    However, Rule 60(c)(1) states: “A motion under Rule 60(b) must be made within a reasonable time—and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.” The Sixth Circui…
  • Abdulmokne Ghaleb v. Am. S.S. Co., No. 18-1742 (6th Cir. May 9, 2019).unpublished 2 cites
    In re G.A.D., Inc., 340 F.3d 331, 334 (6th Cir. 2003); In re DePuy Orthopaedics, Inc. Pinnacle Hip Implant Prod.
  • Arthur Tyler v. Carl Anderson, 749 F.3d 499 (6th Cir. 2014).published
    A reasonable time depends on the factual circumstances of each case, Days Inns Worldwide, Inc. v. Patel, 445 F.3d 899, 906 (6th Cir.2006), and a moving party must articulate a reasonable basis for delay, In re G.A.D., Inc., 340 F.3d 331, 3…
  • In re Carl Pertuset v., No. 12-8014, 2012 WL 6598444 (B.A.P. 6th Cir. Dec. 18, 2012).unpublished
    Eglinton v. Loyer (In re G.A.D., Inc.), 340 F.3d 331, 334 (6th Cir. 2003) (citation omitted).
  • In re Gibson & Epps, L.L.C., 468 B.R. 279 (Bankr. E.D. Tenn. 2012).published
    What constitutes reasonable time depends “upon the facts in a case, including length and circumstances of delay in filing, prejudice to opposing party by reason of the delay, and circumstances warranting equitable relief.” Eglinton v. Loye…
  • Elec. Privacy Info. Ctr. v. United States Dep't of Homeland Sec., 811 F. Supp. 2d 216 (D.D.C. 2011).published
    Similarly, several other circuits have held that a Rule 60(b)(1) motion is filed within a reasonable time only if it is filed within the appeal period or, if filed outside of the appeal period, when an appeal has been noticed or filed. 4 S…
  • Bli v. USA Farm Serv. Agency (In Re Bli Farms, P'ship), 465 F.3d 654 (6th Cir. 2006).published
    Inc., 340 F.3d 331, 334 (6th Cir.2003), is not to the contrary, for there the Rule 60(b) motion was filed in the bankruptcy court.
  • Venture Indus. Corp. v. Autoliv ASP, Inc., 457 F.3d 1322 (Fed. Cir. 2006).published
    The Sixth Circuit has held that whether the time of filing a Rule 60(b) motion was reasonable “is dependent upon the facts in a case, including length and circumstances of delay in filing, prejudice to opposing party by reason of the delay…
  • B&D Partners v. Pastis, No. 05-5954, 2006 WL 1307480 (6th Cir. May 9, 2006).unpublished
    “A lower court abuses its discretion when it relies on clearly erroneous findings of fact, improperly applies the law, or uses an incorrect legal standard.” Eglinton v. Loyer (In re G.A.D., Inc.), 340 F.3d 331, 334 (6th Cir. 2003).
  • Associated Builders & Contractors v. Michigan Dep't of Labor & Econ. Growth, 543 F.3d 275 (6th Cir. 2008).published
  • United States v. Vickers (In Re Fortier), 315 B.R. 829 (W.D. Mich. 2004).published
  • Ruehle v. Educ. Credit Mgmt. Corp. (In Re Ruehle), 307 B.R. 28 (B.A.P. 6th Cir. 2004).published
  • United Mine Workers of Am. 1974 Plan & Trust v. Lexington Coal Co. (In Re HNRC Dissolution Co.), 396 B.R. 461 (B.A.P. 6th Cir. 2008).published
  • United States v. Daniel LaDeau, 734 F.3d 561 (6th Cir. 2013).published
  • In re The Sterling v., No. 04-8090 (B.A.P. 6th Cir. Feb. 15, 2006).unpublished
  • Assoc Builders v. MI Dept of Labor, No. 07-1654 (6th Cir. Sept. 16, 2008).published
  • Teixeira v. McDermott, No. 1:19-cv-00866 (N.D. Ohio Mar. 31, 2020).
At page 335 Analyzing pro se litigant's ability to excuse procedural mistakes18 citing casesThe Supreme Court has instructed courts to hold pleadings filed by pro se litigants to a less stringent standard than those filed by lawyers, but has ‘never suggested procedural rules in ordinary civil litigation should be interpreted so as to excuse mistakes by those who proceed without counsel.’…2 citing courts put it this way · 17 listed here
  • In re Camp Arrowhead, Ltd., 451 B.R. 678 (Bankr. W.D. Tex. 2011).published
    (Under Rule 60(b)(4), if the rendering court lacked subject matter jurisdiction, the underlying judgment is void, and it is per se an abuse of discretion to deny a movant’s motion to vacate)
  • Wilson, No. 2:25-cv-13196 (E.D. Mich. Dec. 15, 2025).
    E.g., Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991); Eglinton v. Loyer, 340 F.3d 331, 335 (6th Cir. 2003). other Defendants were either dropped or added.
  • Wilson, No. 2:22-cv-12330 (E.D. Mich. May 25, 2023).
    (The Supreme Court has instructed courts to hold pleadings filed by pro se litigants to a less stringent standard than those filed by lawyers, but has ‘never suggested procedural rules in ordinary civil litigation shoul…)
  • Curl v. Dammeyer, No. 3:21-cv-02229 (N.D. Ohio Dec. 20, 2022).
    Agency, 124 F. App’x 991, 992 (6th Cir. 2005) (“Courts have refused to excuse pro se litigants who failed to follow basic procedural requirements such as meeting ‘readily comprehended’ court filing deadlines.” (citing Jourdan v. Jabe, 951…
  • Raimondo v. United States, No. 2:21-cv-10854, 2022 WL 3581144 (E.D. Mich. Aug. 19, 2022).
    E.g., Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991); Eglinton v. Loyer, 340 F.3d 331, 335 (6th Cir. 2003).
  • In re Benny Darnell McCarthy, No. 20-8027 (6th Cir. June 16, 2021).unpublished
    (The Supreme Court has instructed courts to hold pleadings filed by pro se litigants to a less stringent standard than those filed by lawyers, but has ‘never suggested procedural rules in ordinary civil litigation shoul…)
  • Taylor v. E. Michigan Univ., No. 2:18-cv-10268 (E.D. Mich. Dec. 1, 2020).
    E.g., Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir. 1991); Eglinton v. Loyer, 340 F.3d 331, 335 (6th Cir. 2003).
  • Taylor v. E. Michigan Univ., No. 2:18-cv-10268 (E.D. Mich. Nov. 30, 2020).
    E.g., Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir.1991); Eglinton v. Loyer, 340 F.3d 331, 335 (6th Cir.2003).
  • Sikora v. Internal Revenue Serv., No. 2:19-cv-12608 (E.D. Mich. Nov. 30, 2020).
    E.g., Jourdan v. Jabe, 951 F.2d 108, 110 (6th Cir.1991); Eglinton v. Loyer, 340 F.3d 331, 335 (6th Cir.2003).
  • Wright v. Daviess Cnty. Det. Ctr., No. 4:18-cv-00140 (W.D. Ky. Sept. 24, 2020).
    Mich. May 11, 2010) (citing McNeil v. United States, 508 U.S. 106, 113 (1993) (“[W]e have never suggested that procedural rules in ordinary civil litigation should be interpreted so as to excuse mistakes by those who proceed without counse…
Show 7 more citing cases
At page 336 Defining core proceedings and standards for rule 60(b)(4) motions17 citing cases“other circuits have determined . . . that a rule 60(b)(4) motion will succeed only if the lack of subject matter jurisdiction was so glaring as to constitute a total want of jurisdiction, or no arguable basis for jurisdiction existed.”3 citing courts quote it · passage not found verbatim in the opinion (85%) · 16 listed here
  • Taylor Madison v. Aaa of Michigan, No. 342868 (Mich. Ct. App. Sept. 26, 2019).unpublished
    “other circuits have determined . . . that a rule 60(b)(4) motion will succeed only if the lack of subject matter jurisdiction was so glaring as to constitute a total want of jurisdiction, or no arguable basis for jurisd…”
  • Parker v. Horvath (In re Horvath), 572 B.R. 864 (Bankr. N.D. Ohio 2017).published
    (a Rule 60(b)(4) motion will succeed only if the lack of subject matter jurisdiction was so glaring as to constitute ‘a total want of jurisdiction’)
  • JPMorgan Chase Bank, N.A. v. Larry Winget, No. 25-1957 (6th Cir. June 15, 2026).unpublished 2 cites
    P. 60(b)(4); In re G.A.D., Inc., 340 F.3d 331, 336 (6th Cir. 2003) (quotation omitted); see United Student Aid Funds, Inc. v. Espinosa, 559 U.S. 260, 271 (2010); see also G.A.D., 340 F.3d at 336 (requiring a standing defect “so glaring as…
  • JPMorgan Chase Bank, N.A. v. Winget, No. 2:08-cv-13845 (E.D. Mich. Sept. 25, 2025).
    However, the Sixth Circuit, and other federal courts, have held that a motion invoking the rule “will succeed only if the lack of subject matter jurisdiction was so glaring as to constitute a total want of jurisdiction or no arguable basis…
  • Culver v. Churchill, No. 3:23-cv-02454 (N.D. Ohio Aug. 1, 2024).
    In re G.A.D., Inc., 340 F.3d 331, 336 (6th Cir. 2003) (citing, Kocher v. Dow Chem.
  • Farmers Mut. Hail Ins. Co. v. Edgar Miller, No. 23-1744 (6th Cir. Mar. 18, 2024).unpublished
    In re G.A.D., Inc., 340 F.3d 331, 336 (6th Cir. 2003) (quotation omitted).
  • Willie McCormick & Assocs., Inc. v. Lakeshore Eng'g Servs., Inc., No. 2:12-cv-15460 (E.D. Mich. Apr. 27, 2023).
    According to the Sixth Circuit, “a Rule 60(b)(4) motion will succeed only if the lack of [jurisdiction] was ‘so glaring as to constitute a total want of jurisdiction,’ or ‘no arguable basis for jurisdiction existed.’” In re G.A.D., Inc., 3…
  • Teter v. Baumgart, No. 1:21-cv-00334 (N.D. Ohio Aug. 15, 2022).
    In re G.A.D., Inc., 340 F.3d 331, 336 (6th Cir. 2003) (citations and quotations omitted). 2 The matter under review was a core proceeding for one or more of the following reasons.
  • California Palms Addiction Recovery Campus, Inc., No. 22-40065, 2022 WL 2116643 (Bankr. N.D. Ohio June 10, 2022).
    The Sixth Circuit has previously held that the movant has the burden of showing a “total want of jurisdiction.” In re G.A.D., Inc., 340 F.3d 331, 336 (6th Cir. 2003).
  • Lee Mem'l Hosp. v. Xavier Becerra, 10 F.4th 859 (D.C. Cir. 2021).published
    As the Supreme Court observed in Espinosa, “[f]ederal courts considering Rule 60(b)(4) motions that assert a judgment is void because of a jurisdictional defect generally have reserved relief only for the exceptional case in which the cour…
Show 6 more citing cases
At page 337 Not using motion to substitute for timely appeal4 citing casesA party may not use a Rule 60(b)(4) motion as a substitute for a timely appeal.1 citing court put it this way · 3 listed here
At page 333 cited at this page1 citing case
  • Bell Helicopter Textron, Inc. v. Islamic Repub. of Iran, 734 F.3d 1175 (D.C. Cir. 2013).published
    Co., 351 F.3d 204, 206-07 (5th Cir.2003); In re G.A.D., Inc., 340 F.3d 331, 333-34 (6th Cir.2003); United States v. Tittjung, 235 F.3d 330, 333-34 (7th Cir.2000); Kansas City S. Ry.
Retrieving the full opinion text from the archive…
In Re: G.A.D., INCORPORATED, Debtor. Donna Eglinton, Plaintiff-Appellant,
v.
Hugh Loyer and George Chapel, Defendants-Appellees
01-2235.
Court of Appeals for the Sixth Circuit.
Aug 13, 2003.
Published opinion
340 F.3d 331
2003 U.S. App. LEXIS 16589
Laurel A. Stuart-Fink (argued and briefed), Laurel Stuart-Fink & Associates, West Bloomfield, MI, for Plaintiff-Appellant., Tony F. Di Ponio (argued and briefed), Calhoun, Di Ponio & Gaggos, Lathrup Village, MI, for Defendants-Appellees.
Martin, Kennedy, Daughtrey.
Cited by 71 opinions  |  Published

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

Donna Eglinton appeals the district court’s affirmance of a bankruptcy court decision to deny reconsideration of a motion to vacate. For reasons stated below, we AFFIRM.

In September 1996, Ronald Korte, Eg-lintoris boyfriend, filed a petition for relief under Chapter 11 of the United States Bankruptcy Code, which was converted later to a Chapter 7 bankruptcy. On May 7, 1997, while his bankruptcy was pending, Korte entered a lease agreement with defendants Loyer and Chapel for nonresidential property in White Lake, Michigan. The bankruptcy court approved the lease agreement on April 24, 1997. The lease agreement contained a clause stating Korte could not assign, transfer, or sublet without the written consent of Loyer and Chapel.

Despite the prohibition, on May 12, 1997, Korte purportedly assigned the lease agreement to G.A.D., Inc., a Michigan corporation Eglinton owns, without notice to creditors or permission to do so from the bankruptcy court or landlords. We will refer to the transfer as an assignment, although its actual legal status is indeterminate.

When the landlords learned of the transaction in December of 1997, they entered into an agreement with the bankruptcy trustee that he would be the only entity who could possess the premises. Korte objected, but the bankruptcy court approved the agreement. The district court affirmed the bankruptcy court’s order on appeal.

Meanwhile, G.A.D. filed a notice of lis pendens on the premises in Oakland County Circuit Court and a complaint against the landlords. This first lawsuit sought a declaration that the assignment was valid and enforceable, injunctive relief, and monetary damages. Loyer and Chapel removed from state court to Korte’s bankruptcy case as an adversary proceeding. G.A.D. filed an objection to the notice of removal, but the bankruptcy court found removal was appropriate because the state court action was inextricably intertwined with the bankruptcy case and related, pursuant to 11 U.S.C. § 157(c)(1). The bankruptcy court then granted Loyer and Chapel’s motion to dismiss with prejudice.

On September 22, 1998, G.A.D. filed a petition for Chapter 11 bankruptcy. G.A.D. asserted a leasehold interest in the property. G.A.D’s bankruptcy case was converted to a Chapter 7 proceeding, which vested the Chapter 7 trustee with any interest G.A.D. had in the leasehold.

On June 13, 1999, Eglinton filed a complaint in her name in Oakland County Circuit Court against Loyer and Chapel, making the same claims as the former suit, except the latter alleged fraud and misrepresentation, seeking monetary damages for relief. Loyer and Chapel filed motions to remove Eglinton’s suit to the G.A.D. bankruptcy and to dismiss on July 28. Response from Eglinton was due fifteen days later. On August 16, Loyer and Chapel filed a certification of no response to the dismissal motion.

Eglinton responded to Loyer and Chapel’s attorney on August 24 and 25 to the[*334] notice of removal and motion for dismissal, respectively, several days after the time for response expired. The bankruptcy court conducted a hearing on August 26. Eglinton, who appeared pro se, claims she did not have notice that the court would hear the motion to dismiss in addition to the notice of removal on that day. The bankruptcy court eventually dismissed Eg-linton’s claims with prejudice. Loyer and Chapel thereafter entered into an agreement with the trustee of the G.A.D. bankruptcy to purchase G.A.D.’s property. Eg-linton subsequently returned to state court with the suit. The state circuit court dismissed her claims, and she appealed to the Michigan Court of Appeals. Eventually, the state trial court dismissed her claim on remand.

On July 24, 2000, almost a year after the hearing in bankruptcy court, Eglinton filed a motion to vacate the bankruptcy court order of dismissal, pursuant to Federal Rule of Civil Procedure 60(b). The bankruptcy court entered an order on September 8, 2000, denying Eglinton’s motion to vacate. Eglinton filed a motion to reconsider, and the bankruptcy court denied the motion to reconsider. Eglinton appealed from this last order to the United States District Court for the Eastern District of Michigan, which denied her appeal and affirmed the order denying her motion to reconsider. She filed a timely notice of appeal from the district court’s decision.

We review denial of a Rule 60(b) motion for abuse of discretion. Smith v. Kincaid, 249 F.2d 243, 245 (6th Cir.1957). The burden is on the movant to bring herself within the provisions of Rule 60(b). Id. We “find an abuse of discretion only if we have ‘a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.’ ” Union Oil Co. of Cal. v. Serv. Oil Co. 766 F.2d 224, 227 (6th Cir.1985)(quoting Taylor v. United States Parole Com’n., 734 F.2d 1152, 1155 (6th Cir.1984)). A lower court abuses its discretion when it relies on clearly erroneous findings of fact, improperly applies the law, or uses an incorrect legal standard. Romstadt v. Allstate Ins. Co., 59 F.3d 608, 615 (6th Cir.1995).

Federal Rule of Civil Procedure 60(b) provides that a court may relieve a party or party’s representative from a final judgment, an order, or a proceeding under certain circumstances. The pertinent circumstances here are “mistake, inadvertence, surprise, or excusable neglect,” Fed. R.Civ.P. 60(b)(1), and circumstances where “the judgment is void,” Fed.R.Civ.P. 60(b)(4).

Time limitations govern the filing of a Rule 60(b) motion, but the rule states generally that “[t]he motion shall be made within a reasonable time.” We have held that “reasonable time” under 60(b) means that if a reason to set aside the judgment is known within the time for filing notice of appeal, a motion should be brought under Rule 60(b)(1) during that period. Barrier v. Beaver, 712 F.2d 231, 234-35 (6th Cir.1983). Regardless of circumstances, no court can consider a motion brought under Rule 60(b)(1), (2), or (3) a year after judgment. Fed.R.Civ.P. 60(b); McDowell v. Dynamics Corp. of America, 931 F.2d 380, 384 (6th Cir.1991). Motions under subsections (4), (5), and (6) may be made within a “reasonable time,” which we have determined is dependent upon the facts in a case, including length and circumstances of delay in filing, prejudice to opposing party by reason of the delay, and circumstances warranting equitable relief. Olle v. Henry & Wright Corp., 910 F.2d 357, 365 (6th Cir.1990). The time for filing a notice of appeal from a judgment of the bankruptcy court to the district court is ten days from[*335] entry of the judgment under Bankruptcy Rule 8002.

Eglinton’s first claim for relief is based on her assertion that her failure to file a motion to vacate or for reconsideration of the bankruptcy court’s dismissal is a result of excusable neglect under Rule 60(b)(1). She argues that proceeding as a pro se plaintiff and pursuing the matter in state court are reasons to excuse her from the requirement to file a timely notice of appeal from bankruptcy court to the district court and the requirement to file a timely motion under Rule 60(b). The Supreme Court has instructed courts to hold pleadings filed by pro se litigants to a less stringent standard than those filed by lawyers, Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), but has “never suggested procedural rules in ordinary civil litigation should be interpreted so as to excuse mistakes by those who proceed without counsel.” McNeil v. United States, 508 U.S. 106, 118, 113 S.Ct. 1980, 124 L.Ed.2d 21 (1993).

We hold that the district court did not abuse its discretion when it denied Eglin-ton’s motion to reconsider based upon Rule 60(b)(1). The procedural law and deadlines are straightforward. Federal Rule of Bankruptcy Procedure 9024 provides that Federal Rule of Civil Procedure 60 applies in cases under the Bankruptcy Code. Mirroring the federal rules, Local Rule 9024-1 of the Bankruptcy Court for the Eastern District of Michigan states:

Motion to Alter or Amend Order or Judgment or for Rehearing or Reconsideration

(a) Time. A motion to alter or amend an order or judgment and a motion for rehearing or reconsideration shall be served not later than 10 days after entry of such order or judgment.

Eglinton filed her motion almost a year after the bankruptcy court entered judgment. By failing to meet deadlines for a response to the motion to dismiss and to file a notice of appeal of the bankruptcy court’s decisions, she did not comport with procedural rules.

Eglinton argues that she did not timely respond to the motion to dismiss because she was unaware that the notice of removal had no effect on the procedures required with respect to the dismissal motion, essentially assuming no response was necessary. The notice attached to the motion to dismiss, however, states in very plain language that she had fifteen days to file a response or the court might decide she did not oppose the motion and rule against her. Though she was a pro se litigant, procedural rules were available to her as they are to all persons appearing before courts, and if unsure of the procedural requirements, she could have clarified them with the clerk’s office.

Though Eglinton asserted in the September 2000 bankruptcy court hearing, as she does here, that Loyer and Chapel did not comply with local rules so that they are being held to a less stringent application of the rules than she, this allegation does not cure the defects in neglect of the deadlines. Voicing procedural grievances a year after the occurrence is inappropriate. Rather, the appropriate time to voice that complaint was at the first bankruptcy court hearing in 1999 or in motions properly filed then.

Eglinton’s second claim for relief asserts that the bankruptcy court had no jurisdiction over the claims against Loyer and Chapel, rendering the court’s judgment dismissing her claim void. Under Rule 60(b)(4), if the rendering court lacked subject matter jurisdiction, the underlying judgment is void, and it is per se an abuse of discretion to deny a movant’s motion to[*336] vacate. Antoine v. Atlas Turner, Inc., 66 F.3d 105,108 (6th Cir.1995).

Title 28, chapter 6, governs the jurisdiction and powers of bankruptcy courts. Under 28 U.S.C. § 157(b)(1), bankruptcy judges may hear and determine core proceedings arising under the bankruptcy code and may enter orders and judgments in those proceedings. Core proceedings are defined in a non-exclusive list at section 157(b)(2). The significance of whether a proceeding is core or non-core is that the bankruptcy judge may hear non-core proceedings related to bankruptcy cases but cannot enter judgments and orders without consent of all parties to the proceeding. See § 157(c). Without consent from the parties, a district judge must make final determinations after considering the findings and conclusions of the bankruptcy judge and after conducting de novo review of matters to which any party has timely objected. Id. Section 157(b)(3) provides that the bankruptcy judge shall determine if a proceeding is core or related either on any party’s timely motion or on the judge’s own motion. In making the ruling, the court looks at the form and the substance of the proceeding. Sanders Confectionery Prods., Inc., v. Heller Fin., Inc., 973 F.2d 474, 483 (6th Cir.1992) (citing In re Wolverine Radio Co., 930 F.2d 1132, 1144 (6th Cir.1991)). “A core proceeding either invokes a substantive right created by federal bankruptcy law or one which could not exist outside of the bankruptcy.” Id.

If the dispute over the lease was not a core proceeding, then the bankruptcy judge was without power to enter an order to dismiss, and the order would be void. Other circuits have determined, as quoted by the Eighth Circuit in Kocher v. Dow Chem. Co., 132 F.3d 1225, 1230 (1997), that a Rule 60(b)(4) motion will succeed only if the lack of subject matter jurisdiction was “so glaring as to constitute ‘a total want of jurisdiction,’ ” (quoting Kansas City S. Ry. v. Great Lakes Carbon Corp., 624 F.2d 822, 825, (8th Cir.)(en banc), cert. denied, 449 U.S. 955, 101 S.Ct. 363, 66 L.Ed.2d 220 (1980)), or “ ‘no arguable basis’ for jurisdiction existed,” (quoting Nemaizer v. Baker, 793 F.2d 58, 65 (2d Cir.1986)).

Eglinton’s jurisdictional argument claims that the lease assignment dispute was not a core proceeding in the Chapter 7 bankruptcy proceeding. Nevertheless, we conclude that she has not shown a total want of jurisdiction. In removing the suit filed by G.A.D. from state court to the Korte bankruptcy, the bankruptcy court found that resolving the dispute over the leasehold would require examining the purported assignment and deciding if the transfer was valid, as well as analyzing section 365 of the bankruptcy code governing executory contracts and unexpired leases. Though not expressly using the words “core proceeding,” the bankruptcy court found that the controversy was inextricably intertwined with the bankruptcy case. In Eglinton’s mirror-image suit, the very same leasehold is in dispute; thus, validity of the transfer will again require the court to make a determination of the leasehold’s status in the bankrupt estate of G.A.D. Additionally, determination of the fraud and misrepresentation issue Eglinton raises would, as the bankruptcy court found with respect to claims in the first suit, require determination of the validity of the assignment and the right to possess the premises. This goes to the heart of an estate asset.

Even if we were to decide that the dispute was not a core proceeding, procedural flaws would again defeat Eglinton’s claims. A claimant has ten days in which to appeal a decision of the bankruptcy[*337] court to the district court. Eglinton chose instead to pursue her suit again in state court. “A party may not use a Rule 60(b)(4) motion as a substitute for a timely appeal.” Id.

In pursuing virtually the same suit in state and federal court, by her corporation and by herself, and in doggedly seeking favorable judgment despite neglect of procedural mechanisms, Eglinton has not had just one bite at the apple but has nearly consumed the entire fruit. Such litigation tactics are disfavored, and we will not relieve her of the consequences of the failure to meet deadlines. The judgment of the district court is AFFIRMED.