Legal Opinion
In Re Caterbone
Court of Appeals for the Third Circuit
Decided April 4, 2011No. 07-2151PublishedCited by 76 opinions
1Opinion of the Court
OPINION OF THE COURT
BARRY, Circuit Judge.
This case involves an untimely notice of appeal to the District Court after the Bankruptcy Court’s dismissal, for cause, of a Chapter 11 petition. The question before us is whether, pursuant to 28 U.S.C. § 158(c)(2) and the Federal Rules of Bankruptcy Procedure, an untimely filing such as the one at issue here deprives subsequent reviewing courts — here, both the District Court and this Court — of jurisdiction over the appeal. We conclude that it does. Accordingly, we will dismiss the instant appeal and remand to the District Court with instructions to…
2Cases cited14 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Bowles v. RussellSupreme Court of the United States · 2007
- Kontrick v. RyanSupreme Court of the United States · 2004
- Johnson v. United StatesSupreme Court of the United States · 2010
9 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Seventh Circuit · 2012
- In re Sobczak-SlomczewskiCourt of Appeals for the Seventh Circuit · 2016
- Tze Wung Consultants, Ltd. v. Bank of Baroda (In Re Indu Craft, Inc.)Court of Appeals for the Second Circuit · 2014
- Charles Smith v. C. GartleyCourt of Appeals for the Fifth Circuit · 2013
- Wilkins v. Menchaca (In Re Wilkins)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2018
71 more not listed; retrieve them via the Exa API.