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The Bankruptcy StrategistFeaturesBankruptcyLitigation

Landmines In Bankruptcy Practice, Part II

By Michael L. Cook
February 01, 2024

This is the second article in a series describing the current bankruptcy appeals boom (see Part One here). Deadlines, leave to appeal and direct appeals are the subject. By enforcing deadlines strictly, refusing to hear appeals from interlocutory orders, and rarely bypassing the district court for direct appeals, appellate courts have generally avoided what they view as unnecessary work and delay. But a few courts have made important exceptions in the past year, as shown here. These courts have supplemented any gaps in the current Judicial Code and applicable rules. In later articles, we will discuss recent decisions covering appeals from fee awards, the finality doctrine, appellate jurisdiction, and appeals from arbitration awards.

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Maxim 3: Deadlines Matter

Late Filing of Notice of Appeal

The Fifth Circuit affirmed the denial of a party's motion for an extension of time to file his notice of appeal, explaining that the party had "not shown that his notice of appeal reached the clerk before the deadline." In re Porter Development Partners, LLC, 2023 WL 7381439 (5th Cir. Nov. 7, 2023). The court had previously dismissed the party's earlier appeal from a grant of summary judgment against him because of a "late filing." Id. at *1. On this appeal, the party argued "that his notice of appeal of the summary judgment order arrived before the filing deadline, but the clerk could not find it for several days, and thus he should not be penalized for the late filing."

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