- 2015 WL 249495 (6th Cir. BAP 2015)
- Notice of Appeal filed within 164 days of entry of order timely where Order did not constitute "separate judgment" under Rule 58 and Bankruptcy Rule 7058.
- Procedural context:
- Bankruptcy Court entered order imposing sanctions against Debtor' counsel. Counsel filed notice of appeal approximately 45 days later without seeking permission of court to file late notice of appeal. Appellee filed motion to strike notice of appeal as untimely under Rule 8002. Bankruptcy Appellate Panel concluded that order imposing sanctions required "separate order" to trigger 14 day deadline under Rule 8002. Where bankruptcy court did not enter separate order, order did not become final for purposes of Rule 8002 until 150 days after entry. Notice of appeal filed within 164 days (150 days for order to become final plus 14 days for filing notice of appeal) was timely. Motion to Strike denied.
- Bankruptcy Court entered initial sanctions order against Debtor's counsel requiring counsel to attend continuing education program and reserving further sanctions. A few weeks later, court entered second sanctions order that imposed monetary sanctions. Initial order was not "final" and so not appealable as initial order specifically contemplated further judicial actions in imposing additional sanctions. Second order contained multiple findings and contained procedural basis for order. Under Rule 58, order is not final unless the Court enters "separate document" that is separate from legal memoranda and does not contain citations to legal authority, legal reasoning, or other language that makes order into combined order and judgment. To constitute separate judgment that is final, judgment must do nothing more than state relief that is granted. Under rule 58, if the matter requires a separate judgment, the order does not become final for purposes of Rule 8002 until the earlier of (a) entry of the separate order, or (b) 150 days after the order is docketed with the court. The second sanctions order was not "separate order" as it contained more than just the relief granted. Notice of appeal was timely if filed within 164 days of entry of order on the court's docket (14 days after the order became final on day 150). The notice of appeal filed 45 days after entry of the order on the docket was timely under Rule 8002.
- Harrison, Humphrey and Preston
Joseph Hill v. Raquel King
Summarizing by J Newman
3048 in the system
3 Being Processed