In re Jarusik

In re Jarusik, No. 15-3262 (3d Cir. June 10, 2016)
The Third Circuit found that the District Court properly concluded that appellants' appeal from the Bankruptcy Court was untimely under rule 8002(a)(1) of the Federal Rules of Bankruptcy Procedures because it was not brought within 14 days of the entry of the Bankruptcy Court's order.
Procedural context:
Appellants filed an appeal of the United States District Court for the Eastern District of Pennsylvania's dismissal of Appellants' appeal to the United States Court of Appeals for the Third Circuit. The Trustee filed a motion for summary affirmance which was not opposed by the appellants.
Appellants Henry W. Jarusik and Kathleen M. Brady filed a petition for relief under the Bankruptcy Code in July 2012. The trustee filed a motion to dismiss in September 2014 which was granted by the United States Bankruptcy Court for the Eastern District of Pennsylvania. On March 28, 2015, appellants filed a motion for reconsideration of the dismissal order with the United States District Court for the Eastern District of Pennsylvania which the District Court construed as an appeal. Treating the motion for reconsideration as an appeal, the District Court determined that the appeal was untimely under Federal Rule of Bankruptcy Procedures 8002(a) and dismissed the appeal for lack of subject matter jurisdiction.
Fuentes, Krause and Scirica

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