In re Gilbert
Nov
13
2015
Ruling
Stay pending appeal of dismissal for failure to pay unpaid fees from prior bankruptcy cases denied.
Issue(s)
Should debtor's motion for stay pending appeal of dismissal be granted?
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Court
:
- FRBP
In re Fremont Hospitality Grp. LLC
Jun
22
2015
Ruling
Appeal of bankruptcy court orders dismissed due to failure to include required orders, pleadings or transcripts.
Issue(s)
Should appeal of orders denying relief from stay be dismissed due to failure to provide a complete record to the appellate court?
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Court
:
Judge or Jurisdiction information not available
- FRBP
Carlson v. U.S. Bank (In re Carlson)
Oct
17
2014
Ruling
Decision adverse to debtors affirmed on appeal due to failure to provide adequate record.
Issue(s)
Did bankruptcy court abuse its discretion with its denial of the Debtors' motion based on violation of the discharge injunction, its granting relief from the automatic stay, and its dismissal of a chapter 13 case with limitations on refilling?
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re McKenzie
Sep
19
2013
Ruling
Trustee's notice, on which court did not rely in decision on attorneys' fee application, was not properly part of record on appeal.
Issue(s)
Which documents were properly part of the record in appeal of decision granting fee application of trustee's counsel.
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Court
:
- FRBP
In re Cooper
Jan
22
2013
Ruling
Appeal of denial of motion for sanctions dismissed due to failure to comply with deadlines.
Procedural posture
After the bankruptcy court denied debtor's motion for sanctions against creditor for violation of the discharge injunction, the debtor appealed the order. The creditor filed a motion to dismiss the appeal.
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Court
:
- FRBP
City Sanitation LLC v. Allied Waste Servs. Of Mass. LLC (In re American Cartage Inc.)
Aug
31
2011
Ruling
Trustee could take over commercial tort claims against debtor's former manager from purchaser of equipment that waived abandonment argument.
Procedural posture
Debtor trash hauler filed a voluntary bankruptcy petition under chapter 11 which was converted to a chapter 7 proceeding. Appellant trash hauler which had bought some of the debtor's equipment filed a state court action against appellee trash hauler and the debtor's former manager. The U.S. District Court for the District of Massachusetts affirmed the bankruptcy court's orders for the trustee to take over the claims. Appellant timely appealed.
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Court
:
Judge or Jurisdiction information not available
- FRBP
Rivera-Siaca v. DCC Operating Inc.
Aug
05
2009
Ruling
Bankruptcy court properly certified appellants' failure to file record.
Procedural posture
Pursuant to 28 U.S.C.S. § 158, Fed. R. Bankr. P. 8001(e), Bankr. D.P.R. R. 77.2, appellants submitted a notice of appeal after the United States Bankruptcy Court for the District of Puerto Rico denied their Fed. R. Civ. P. 60(b) motion. Appellee moved to dismiss the pending appeal because of appellants' failure to comply with Fed. R. Bankr. P. 8006. Appellants moved to supplement the record on appeal.
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Court
:
- FRBP
Mondelli v. Berkley Realty Partners 244 LLC
Aug
14
2008
Ruling
Partners.
Procedural posture
Appellant chapter 7 debtor challenged a decision of the Bankruptcy Court for the District of New Jersey, which issued an order enforcing a mortgage and lease to which the debtor was a party and denied the debtor's motion for reconsideration. Appellees, the mortgagee and the lessee, claimed that the debtor failed to timely file a designation of the record and notice of issues on appeal, as required by Fed. R. Bankr. P. 8006.
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Court
:
- FRBP
Hannigan v. Countrywide Home Loans Inc.
Oct
27
2006
Ruling
Debtor's appeal of judgment in adversary proceeding granting relief from stay to allow foreclosure dismissed due to failure to file transcript.
Procedural posture
Appellant debtor filed a chapter 13 bankruptcy petition and then initiated an adversary proceeding against appellee creditor to prevent its foreclosure action on his residence. The bankruptcy court granted summary judgment in favor of the creditor and the debtor sought review. The court, sua sponte, considered whether the debtor's failure to comply with Fed. R. Bankr. P. 8006 warranted dismissal under Fed. R. Bankr. P. 8001(a).
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Court
:
- FRBP
Albicocco v. Albicocco (In re Albicocco)
Aug
16
2006
Ruling
Debtor's appeal dismissed due to failure to file timely statement of issues.
Procedural posture
Appellee creditor, a family-run, closely-held corporation, commenced an involuntary bankruptcy proceeding against appellant debtor under chapter 7. The debtor appealed an order of the bankruptcy court approving a settlement between the bankruptcy trustee and several creditors. The creditor filed a motion to dismiss the appeal.
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Court
: