Fox v. Weiner (In re Fox)
- Summarized by Jonathan Batiste , Rensselaer Polytechnic Institute
- 7 months 2 days ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- No. 24-10423 (11th Circuit, Jul 14,2025) Not Published
- Tag(s):
-
- Ruling:
- The U.S. Court of Appeals for the 11th Circuit affirmed the district court’s and bankruptcy court’s decisions to deny Debtor’s appeal and motion to reconsider. The bankruptcy court did not err in dismissing Debtor’s appeal because Debtor did not abide by the applicable procedural rules requiring Debtor to appeal orders within 14 days and to file a designation of record items to be included on appeal. The district court did not err by denying Debtor’s motion because there was insufficient evidence demonstrating that a factual finding was clearly erroneous.
- Procedural context:
- Debtor filed for chapter 13 bankruptcy in 2021. The bankruptcy court dismissed the case after Debtor missed mandatory installment payments. Debtor filed a notice of appeal to the district court regarding the bankruptcy court’s dismissal of his case. The bankruptcy court and the district court denied Debtor’s appeal and his following motion to reconsider. Debtor appealed to the U.S. Court of Appeals for the 11th Circuit.
- Facts:
- Debtor filed for chapter 13 bankruptcy in 2021. The bankruptcy court dismissed the case after Debtor missed mandatory installment payments. Debtor then proceeded pro se. The bankruptcy court and the district court continued to deny all of Debtor’s appeals and motions. Debtor failed to appeal some orders within the 14-day timeline and did not file a designation of record items to be included on appeal or a statement of the issues to be presented. The debtor eventually alleged that he had filed the required documents and that the bankruptcy court clerk had destroyed them. The district court did not find the allegations credible and found that the appeal was properly dismissed. Debtor did not offer evidence demonstrating that the finding was clearly erroneous and, therefore, presented no basis to reverse the district court’s order.
- Judge(s):
- Jordan, Luck, and Abudu
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
