- Case Type:
- Consumer
- Case Status:
- Dismissed
- Citation:
- No. 23-20512 (5th Circuit, Jul 03,2024) Not Published
- Tag(s):
-
- Ruling:
- Debtor's appeal of a settlement order entered by the bankruptcy court was dismissed due to his appeal being filed 11 months late. Furthermore, his appeal of a denied request for relief under FRCP 60(b) was dismissed due to his failure to show the court abused its discretion in dismissing the appeal for failure to comply with the Federal Rules of Bankruptcy Procedure 8003. Lastly, the trustee's request to impose sanctions due to alleged continuous and meritless filings.
- Procedural context:
- Bankruptcy Court entered into a settlement agreement on July 5, 2022, and denied the debtor's request for relief under FRCP 60 (b) on July 14, 2023. U.S. District Court denied Debtor's appeal of the Bankruptcy Court's orders.
- Facts:
- Jagannathan Mahadevan was the Debtor in this case. He represented himself pro se at the trial court level and on appeal.
In his bankruptcy proceedings, the Bankruptcy Court entered into a settlement agreement. Shortly thereafter, he appealed the settlement agreement. He also moved for relief under FRCP 60 (b).
He later filed his notice of appeal to the district court but it was filed 11 months after the deadline.
- Judge(s):
- Catharina Haynes, James E. Graves Jr., Stephen A. Higginson
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