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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37847
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Appeals - Failure to file appellants opening brief after 90

Resolved Question:

Appeals - Failure to file appellant’s opening brief after 90 days. What happens?

The Judge in Bankruptcy Court granted SJ dismissing with prejudice the Adversary Proceeding, in my favor (defendant). The Dismissal Order was actually filed 30 days later. The Plaintiff filed an appeal within 10 days of the Order being filed.

It has been 3 months since the Plaintiff filed the Appeal to US District Court.
NO ACTION has happened since.

No appellant’s opening brief has been filed. Doesn't Rule 8009 require that "(1) The appellant shall serve and file a brief within 15 days after entry of the appeal on the docket pursuant to Rule 8007."

The Court has not filed anything on the Docket since the original notice of appeal, more than 90 days ago.

What does failure to file appellant’s opening brief for such a long period mean, if anything?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

Contact the district court clerk and ask if there's any time line for a decision. Try to speak with the judge's clerk, rather than the desk clerk. Ultimately, you could write a letter to the judge (serve a copy on the other party and the BK trustee) respectfully XXXXX XXXXX the court provide some idea of when the decision is likely.


But, that's about all you can do.


Hope this helps.


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