From the Editor – Appeals

By The Honorable William Houston Brown (Retired)

Failure to timely appeal. Chapter 13 debtor in case closed several years earlier did not appeal the bankruptcy court’s denial of motion for sanctions against mortgage creditors, and former debtor’s petition for mandamus to compel bankruptcy court to consider sanction award was not substitute for timely appeal. Since there was no timely appeal, the Bankruptcy Appellate Panel did not have jurisdiction to hear and deny the appeal labeled as a mandamus petition. Ozennne v. Chase Manhattan Bank, 841 F.3d 810 (9th Cir. 2016).

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