Legal Opinion

In the Matter of Ralph SCHERI, Debtor-Appellant

Court of Appeals for the Seventh Circuit

Decided March 22, 1995No. 94-1479PublishedCited by 28 opinions

1Opinion of the Court

RIPPLE, Circuit Judge.

When a bankruptcy court ruling is appealed to the district court, Bankruptcy Rule 8009(a)(1) requires that an appellate brief be filed within fifteen days of the filing of the appeal. In this case, debtor Ralph Scheri, acting through his attorney, failed to file an appellate brief in the allotted time period. The district court dismissed his appeal. Mr. Scheri submits that the dismissal was an abuse of the district court’s discretion. For the reasons stated below, we vacate the judgment of the district court and remand the case for further consideration.

I

BACKGROUND

Barbara…

2Cases cited19 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  3. Mars Steel Corp. v. Continental Bank N.A.Court of Appeals for the Seventh Circuit · 1989
  4. Mark A. Ball v. City of Chicago and Alfred S. Schultz, Individually and as Agent of the City of ChicagoCourt of Appeals for the Seventh Circuit · 1993
  5. In Re Spr Corporation, Debtor. Resolution Trust Corporation, as Receiver for Liberty Federal Savings Bank v. Spr CorporationCourt of Appeals for the Fourth Circuit · 1995

14 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In the Matter Of: Kmart Corporation, Debtors-Appellees, Appeal Of: Wilhemina SimmonsCourt of Appeals for the Seventh Circuit · 2004
  2. In Re: Christine Carter Lynch, Debtor. Christine Carter Lynch v. United States of America, Internal Revenue ServiceCourt of Appeals for the Second Circuit · 2005
  3. Equal Employment Opportunity Commission v. North Knox School Corporation and Board of School Trustees for the North Knox School CorporationCourt of Appeals for the Seventh Circuit · 1998
  4. English-Speaking Un v. Johnson, JamesCourt of Appeals for the D.C. Circuit · 2004
  5. Sverdrup Corporation v. Edwardsville Community Unit School District No. 7, Edwardsville Board of Education, James SpecialeCourt of Appeals for the Seventh Circuit · 1997

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API