In Re: Carzell Benton

Background

The matter is a bankruptcy appeal assigned to the United States District Court for the Southern District of New York. On October 23, 2024, Judge Katherine Polk Failla entered a Bankruptcy Appeal Scheduling Order. That order required the appellant to serve and file an appeal brief within 30 days after the docketing of notice that the appeal record had been transmitted or was available electronically.

The notice that the record was available was filed on November 25, 2024. The appellant had not filed an appeal brief by the time of the present order. The earlier scheduling order stated that failing to comply with the court’s deadlines would result in dismissal of the appeal.

Court’s Action

The court gave the appellant one final opportunity to submit a brief. It ordered the appellant to serve and file the brief on or before May 1, 2025, and stated that no further extensions would be granted for any reason.

The court directed the clerk to mail a copy of the order to the appellant at the address listed in the order. The court did not dismiss the appeal in this order.

Legal Significance

This is a procedural order enforcing the briefing schedule in a bankruptcy appeal. It does not decide the underlying bankruptcy issues or the merits of the appeal. The earlier scheduling order states that failure to comply with the deadline may result in dismissal of the appeal, but this order itself grants additional time rather than entering that dismissal.