· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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