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).

______________________________ . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

moran_cathy
February 4, 2024
You know it won’t go well for the creditor in a discharge violation when the opinion opens by characterizing the debtor as a single mother and registered nurse who discovers her $20k bank balance is now negative.
Members
December 13, 2020
By Professor Nancy Rapoport Dear Readers: The ConsiderChapter13.org staff has, once again, raised an important ethics issue: how far does the attorney-client privilege go? In Taylor Lohmeyer Law Firm v. United States,1 the Fifth Circuit had to wrestle with that issue after the law firm (Taylor Lohmeyer) claimed a blanket attorney-client privilege for all documents that were subject to the...
moran_cathy
April 14, 2024
Many really good questions were generated by our recent Means Test webinars. Attached is a Q & A exchange on one such question regarding the 6-month commitment period.
Members
November 15, 2020
By Lawrence R. Ahern, III, Brown & Ahern (Nashville, TN) Federal Rules of Bankruptcy Procedure Amendments Effective December 1, 2020 The Judicial Conference proposed, and Congress has not changed, the amendments to the following Federal Rules of Bankruptcy Procedure: Rules 2002, 2004, 8012, 8013, 8015 and 8021. Absent Congressional action, which is not expected, they will be effective at the...
Members
Copy of Hildebrand-2016
April 6, 2025
Sanctions were appropriate against debtor’s counsel for advising the debtor that she could sell her residence without obtaining court approval as required by local rule when the residence had been listed as “exempt” in the petition and the plan provided that the property vested in the debtor at confirmation.
Members
January 12, 2020
By Herbert L. Beskin, Chapter 13 Trustee for the Western District of Virginia (Charlottesville) The Seventh Circuit thought that it had finished dealing with the intersection of cars, fines, Chapter 13, and the City of Chicago when it rendered its decision earlier in 2019 in “Steenes I.” In re Steenes, 918 F.3d 554 . Alas, it was not to be,...
Members
Wilson-Aguilar_Jason_PP
May 31, 2026
“A recent decision from the Western District of Washington held that the clock starts with the first meeting of creditors scheduled in the case. . .”
Members
Hayes Jury
January 19, 2025
Atty Hayes takes a look at a very interesting aspect of law we probably don’t think about on a regular basis. Are appeals for sale? “. . . maybe the answer is that the right to appeal is always property of the estate and may be sold to the opposing party.”
Members
Hayes Jury
June 22, 2025
This week, Attorney Hayes brings readers an excellent outline on finality and standing. “. . . . final order is a strange animal in the bankruptcy world.”
Members
January 20, 2019
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) PART I: Statutes, Rules & Supreme Court (In)actions Introduction Click here for Part II Click here for Part III Click here for Part IV What is the effect of an arbitration clause in bankruptcy? When . . . It looks like you are not signed in or registered! This content...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: