(7th Cir. June 13, 2016)
The Seventh Circuit holds that Bankruptcy Rule 8002(a)’s 14-day time limit for filing a notice of appeal is jurisdictional. Thus, the debtor’s appeal was properly dismissed because it was filed on the fifteenth day after entry of the order. While this court had clearly held the rule was jurisdictional in prior opinions, it revisited the issue in light of the Supreme Court’s decisions in Bowles v. Russell (2007) and Kontrick v. Ryan (2004). The court finds that the rule is not merely a claim-processing rule as described in those opinions. Opinion below.
Appellant: Pro Se
Attorneys for Appellee: Meltzer, Purtill & Steele LLC, David L. Kane, Whyte Hirschboeck Dudek S.C., Jeffrey McIntyre
Author: Matt Lindblom