Netzer v. Office of Lawyer Regulation

(7th Cir. Mar. 13, 2017)

The Seventh Circuit affirms the district court’s dismissal of the appeal. The debtor failed to appeal the bankruptcy court’s order within the 14-day period set forth in Bankruptcy Rule 8002(a)(1). The court discusses authority holding that courts do not have equitable powers to contradict bankruptcy statutes and rules. Opinion below.

Judge: Easterbrook

Attorney for Debtor: Randy Joseph Netzer

Attorney for Appellee: Sean Michael Murphy

2017-03-13 – in re netzer

Author: Matt Lindblom

In re Sobczak-Slomczewski

(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

2016-06-13 – in re sobczak-slomczewski

Author: Matt Lindblom