In re Caterbone

Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 11 months ago

Citation:

United States Court of Appeals for the Third Circuit, Case No. No. 07-2151, In re Caterbone, April 4, 2011

Tag(s):

3rd Circuit

Ruling:

United States Court of Appeals for the Third Circuit ruled that pursuant to 28 U.S.C. § 158(c)(2) and Fed. R. Bankr. P. 8002, a court lacks jurisdiction to consider an appeal where appellant filed an untimely notice of appeal. 28 U.S.C. § 158(c)(2) provides that appeals “shall be taken in the same manner as appeals in civil proceedings generally are taken to the courts of appeals from the district courts and in the time provided by Rule 8002 of the Bankruptcy Rules.” Therefore, combined with 28 U.S.C. § 158(c)(2), Rule 8002 is jurisdictional.

Procedural context:

Appeal from an order of the United States District Court for the Western District of Pennsylvania dismissing a bankruptcy appeal for failure to timely designate items to be included in the record on appeal and a statement of the issues to be presented.

Facts:

Appellant appealed from an order of the bankruptcy court dismissing appellant's bankruptcy petition. Appellant filed his notice of appeal three days after the deadline to do so under Rule 8002, and thereafter failed to timely file his designation of items to be included in the record on appeal and a statement of the issues to be presented, as required under Rule 8006. The respondent did not challenge the timeliness of the notice of appeal, but instead opposed the appeal on the basis of appellant's failure to comply with Rule 8006. On this appeal to the Third Circuit, respondent first raised the issue of whether the court had jurisdiction to consider the appeal under Rule 8002.

Judge(s):

Barry, Chagares, and Roth

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!