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· 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 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.