In re Sobczak-Slomczewski
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 8 years 7 months ago
- Citation:
- In re Sobczak-Slomczewski, Case No. 15-1162 (7th Cir. Jun. 13, 2016)
- Tag(s):
-
- Ruling:
- Federal Rule of Bankruptcy Procedure 8002(a)(1), which requires that a notice of appeal shall be filed within 14 days of a bankruptcy court's order, is a mandatory jurisdictional rule.
- Procedural context:
- Affirming the order of District Court for the Northern District of Illinois, Eastern Division, dismissing the debtor's appeal of an adverse summary judgment finding because the appeal was untimely.
- Facts:
- WDH obtained a state court judgment against Sobsczak-Slomczewski ("SS") for conversion and embezzlement. SS filed a chapter 7 bankruptcy petition and WDH filed an adversary proceeding challenging the dischargeability of its debt. The Bankruptcy Court granted summary judgment for WDH and SS filed a notice of appeal 15 days after entry of the summary judgment order. WDH moved to dismiss the appeal as untimely, pursuant to Fed. R. Bankr. P. 8002(a)(1), and the District Court dismissed the appeal.
- Judge(s):
- Ripple, Rovner, and Williams
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