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· 4/4/2011

In Re Caterbone

Citations

  • 640 F.3d 108
  • 2011 U.S. App. LEXIS 6782
  • 54 Bankr. Ct. Dec. (CRR) 144
  • 2011 WL 1226462

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that timely notice of appeal is a jurisdictional requirement under 28 U.S.C. § 158(c)(2) and remanding to district court with instructions to dismiss late-filed appeal for lack of subject matter jurisdiction
  • stating that the fourteen-day time period for filing a bankruptcy appeal is mandatory and jurisdictional
  • holding “the prescribed timeline within which an appeal from a bankruptcy court must be filed is mandatory and jurisdictional” in nature.
  • indicating that a notice of appeal is deemed filed when the court receives it, not when it is mailed
  • holding that, despite having mailed a notice of appeal within the ten-day time period, then in place, for filing a notice of appeal, appellant’s notice was untimely because it was not filed with the court until after the expiration of the ten-day period
  • determining that “28 U.S.C. § 158(c)(2)’s incorporation of the filing timeline in Rule 8002(a

Source: CourtListener parenthetical corpus (CC0).

Judges: Barry, Chagares, Roth

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.