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In re Gilbert

Ruling: 
Stay pending appeal of dismissal for failure to pay unpaid fees from prior bankruptcy cases denied.
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Consumer case opionion summary, case decided on November 13,2015, LexisNexis #1215-104

In re Fremont Hospitality Grp. LLC

Ruling: 
Appeal of bankruptcy court orders dismissed due to failure to include required orders, pleadings or transcripts.
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Commercial case opionion summary, case decided on June 22,2015, LexisNexis #0715-069

Carlson v. U.S. Bank (In re Carlson)

Ruling: 
Decision adverse to debtors affirmed on appeal due to failure to provide adequate record.
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Consumer case opionion summary, case decided on October 17,2014, LexisNexis #1114-069

In re McKenzie

Ruling: 
Trustee's notice, on which court did not rely in decision on attorneys' fee application, was not properly part of record on appeal.
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Consumer case opionion summary, case decided on September 19,2013, LexisNexis #1013-031

In re Cooper

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.
Ruling: 
Appeal of denial of motion for sanctions dismissed due to failure to comply with deadlines.
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Consumer case opionion summary, case decided on January 22,2013, LexisNexis #0313-034

City Sanitation LLC v. Allied Waste Servs. Of Mass. LLC (In re American Cartage Inc.)

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.
Ruling: 
Trustee could take over commercial tort claims against debtor's former manager from purchaser of equipment that waived abandonment argument.
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Commercial case opionion summary, case decided on August 31,2011, LexisNexis #0911-105

Rivera-Siaca v. DCC Operating Inc.

Pursuant to 28 U.S.C.S. § 158, Fed. R. Bankr. P. 8001(e), and 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.
Ruling: 
Bankruptcy court properly certified appellants' failure to file record.
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Consumer case opionion summary, case decided on August 05,2009, LexisNexis #0909-061

Mondelli v. Berkley Realty Partners 244 LLC

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.
Ruling: 
Partners.
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Consumer case opionion summary, case decided on August 14,2008, LexisNexis #0908-105

Hannigan v. Countrywide Home Loans Inc.

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).
Ruling: 
Debtor's appeal of judgment in adversary proceeding granting relief from stay to allow foreclosure dismissed due to failure to file transcript.
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Albicocco v. Albicocco (In re Albicocco)

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.
Ruling: 
Debtor's appeal dismissed due to failure to file timely statement of issues.
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