· 9/18/2006
In Re Robert E. Harris, Debtor, Robert E. Harris, Albany County Office, Mark Swimelar, Trustee
Citations
- 464 F.3d 263
- 2006 U.S. App. LEXIS 23912
- 2006 WL 2669328
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \Dismissing the [case] without determining whether a lesser sanction would have been appropriate ... was an abuse of discretion.\
- considering argument raised for the first time on reply where the issue was “briefed fully by both parties”
- “Dismissing the [case] without determining whether a lesser sanction would have been appropriate . . . was an abuse of discretion.”
- requiring notice and an opportunity to respond where district court dismissed debtor’s appeal for failure to include a transcript in the designation of the record
- setting forth factors that a court must consider in determining whether to dismiss a case under Rule 8001, the predecessor to Rule 8003(a)(2)
- vacating the dismissal of a bankruptcy appeal where a pro se appellant “did not believe the transcript was necessary” and did not have “an opportunity to respond”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sotomayor, Wesley, Hall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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