Nielsen v. ACS, Inc. (In re Nielsen)

Citation:
2014 WL 503174 (8th Cir.)
Tag(s):
Ruling:
The Eighth Circuit vacated the Bankruptcy Appellate Panel's order dismissing as untimely the debtor's appeal of the bankruptcy court's order dismissing her adversary proceeding because the bankruptcy court failed to enter a separate written judgment as required by Federal Rule of Bankruptcy Procedure 7058. Because no judgment was entered, the debtor had 150 days from the order to appeal and therefore her appeal filed 20 days after the order was timely even though it was filed after the 14 day period proscribed by Federal Rule of Bankruptcy Procedure 8002(a).
Procedural context:
Appeal from the 8th Circuit Bankruptcy Appellate Panel's decision dismissing appeal.
Facts:
Bankruptcy court dismissed debtor's adversary proceeding and entered an order of dismissal, but not a judgment. Debtor filed an appeal twenty days later. The Eighth Circuit Bankruptcy Appellate Panel dismissed the appeal as untimely and the debtor appealed the dismissal to the Eighth Circuit.
Judge(s):
Wollman, Murphy and Smith

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