- Case Type:
- Case Status:
- 17-40710 (5th Circuit, Jun 14,2018) Not Published
- Affirmed District Court's dismissal of a bankruptcy appeal for want of prosecution where the debtor-appellant repeatedly failed to comply with orders directing her to pay filing fees or to file the appropriate application to proceed without paying them.
- Procedural context:
- The Bankruptcy Court granted a secured creditor's motion to lift the stay. The debtor filed a notice of appeal, and an amended notice of appeal the following week that was assigned a separate docket number. The District Court dismissed the appeal after the debtor failed to cure various defects related to her efforts to proceed without paying filing fees or transcript costs and without complying with the District Court's orders.
- After the Bankruptcy Court granted a secured creditor's motion to lift the stay, the debtor-appellant began filing appeals with the District Court, but did not pay the filing fee or pay for the transcript designated from the Bankruptcy Court. The District Court entered a Notice of Deficiency in March 2017 and warned that her appeal would be dismissed if the deficiencies were not cured. The District Court also denied her efforts to proceed In Forma Pauperis without prejudice, and stated that her IFP status would be considered if she completed an application that was attached to the District Court's order. The debtor failed to complete the application, and failed to cure the deficiencies despite several warnings; the District Court ultimately dismissed her appeal in July 2017 for want of prosecution.
- Higginbotham, Jones, and Smith
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