- Case Type:
- Case Status:
- 18-2030 (10th Circuit, Nov 06,2018) Published
- An appeal of a denial of a Rule 60(b) motion must be filed within 14 days after entry of the denial. Fed. R. Bankr. P. 8002(a). The appellants waited 23 days before filing the appeal. Because Rule 8002(a)(4) is jurisdictional, the erstwhile appellants did not have standing. The appeal thus was dismissed.
- Procedural context:
- The appeal of a bankruptcy court order denying the appellants any relief under a Rule 60(b)(4) motion was dismissed by the district court because the appellants waited 23 days before filing the notice of appeal. The district court ruled that the failure to timely file the appeal under Fed. R. Bankr. P. 8002(a) was a jurisdictional defect, precluding the appellants from having standing. The appellants requested the Court of Appeals to reverse.
- The appellants were sued by a chapter 11 trustee for recovery of fraudulent transfers and disallowance of claims. Judgment was entered against the appellants. The appellants did not appeal. Instead, the appellants filed other motions seeking relief from the judgment. The bankruptcy court dismissed the appellants' "Motion to Vacate Void Judgments per Rule 60(b)(4)." The appellants did not appeal the bankruptcy court's order until 23 days after it was entered. The appeal was heard by the district court, which ruled that the appellants did not have standing to appeal because Rule 8002(a) is jurisdictional.
- HOLMES, O’BRIEN, and CARSON
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