- Case Type:
- Case Status:
- 17-8006 (6th Circuit, May 11,2018) Published
- Bankruptcy Appellate Panel for Sixth Circuit dismissed appeal that was filed 28 days after entry of final order. Panel ruled the time requirements of 28 USC 158(c)(2) are jurisdictional in nature and, therefore, the Panel was without jurisdiction to hear late appeals.
- Procedural context:
- Appeal from the United States Bankruptcy Court for the Western District of Michigan
- In September 2013, Debtor filed a no-asset chapter 7. In March 2014, Debtor's mortgage lender filed a motion for relief from, which was granted. With stay lifted, mortgage lender proceeded with state court foreclosure. In October 2014, the Chapter 7 Trustee filed a no-asset report and on February 23, 2015, Debtor obtained a discharge of her debts. In December 2016, Debtor filed a series of letters seeking, among other things, reconsideration where she sought unwind foreclosure. After hearing, the Bankruptcy Court denied her requests. In that order, the Bankruptcy Court also directed the clerk to prepare a final decree discharging the trustee and closing the case. The Debtor waited 28 days to appeal that order.
- DELK, HUMPHREY, and PRESTON Bankruptcy Appellate Panel Judges
ROSELLE v BERGER & MONTAGUE, P.C.
Summarizing by Bradley Pearce
2779 in the system
8 Being Processed