Kossoff PLLC v. Togut

Background

The Southern District of New York assigned this bankruptcy appeal to Judge Katherine Polk Failla for all purposes. The appeal was docketed under No. 25 Civ. 2296 (KPF), and the bankruptcy case is identified as No. 21-10699 (DSJ). The opinion does not decide the underlying bankruptcy dispute.

Order

The court explained the requirements under Federal Rule of Bankruptcy Procedure 8009. Within 14 days after filing the notice of appeal, the appellant must file a designation identifying the items to include in the appellate record and a statement identifying the issues to be presented. Within 14 days after service of that statement, the appellee may designate additional record items. If the appellee filed a cross-appeal, the appellee must also provide a statement of the cross-appeal issues and designate additional record items.

The court required appellate briefs. The appellant must serve and file a brief within 30 days after notice that the record has been transmitted or is electronically available. The appellee’s brief is due within 30 days after service of the appellant’s brief. The appellant’s reply brief is due within 14 days after service of the appellee’s brief, and ordinarily must be filed at least seven days before argument.

Consequences and Additional Direction

The court adopted the time limits in Rule 8018 as part of its order. It warned that failure to comply with the order or with Rules 8002, 8009, or 8018 will result in dismissal of the appeal when the failure is by the appellant, or consideration of the appeal without an appellee’s brief when the failure is by the appellee. The court also directed counsel to review and follow Judge Failla’s individual practice rules where consistent with the bankruptcy rules. The usual premotion conference requirement is waived for a party seeking dismissal for failure to comply with Rules 8002, 8006, or 8009. Judge Failla entered the order on March 24, 2025.