In Re: Paul R. Koch
- Nelson Roman
- 7:24-cv-00779
- U.S. District Court · Southern District of New York
- 2
In re Paul R. Koch: Judge Roman dismissed Koch’s bankruptcy appeal because he failed to file the required clarifying motion.
Paul R. Koch’s appeal from the bankruptcy-court judgment was dismissed. The appeal named Thomas C. Frost and the Connecticut State Department of Administrative Services as appellees.
What happened
In re: Paul R. Koch concerns Paul R. Koch’s appeal from a judgment of the U.S. Bankruptcy Court for the Southern District of New York. Koch represented himself and filed a notice of appeal and a motion for permission to appeal.
The court instructed Koch to file a motion explaining what relief he wanted and why he believed the appeal should proceed. Koch did not file that motion or respond to the instruction, and more than a year passed.
Judge Nelson S. Roman dismissed the appeal for failing to comply with the court’s filing instruction and the applicable bankruptcy appeal rules. The clerk was directed to terminate the case and mail Koch a copy of the order.
The detailed version
- In Re: Paul R. Koch · No. 7:24-cv-00779
- Nelson Roman
- Apr. 9, 2025
Background
Paul R. Koch, who was representing himself, filed an appeal under 28 U.S.C. § 158 from a judgment of the U.S. Bankruptcy Court for the Southern District of New York. He filed his notice of appeal on February 2, 2024, and also filed a motion titled “Motion for Leave to Appeal Document.”
On March 4, 2024, the district court instructed Koch to file a motion clarifying the relief he was seeking and the grounds for that relief by March 22, 2024. Koch did not file the requested motion or any other response. The court noted that more than a year had passed since its instruction.
Court’s Reasoning
The court cited Federal Rules of Bankruptcy Procedure 8006 and 8009, which permit dismissal of bankruptcy appeals when an appellant fails to file properly and timely. The court also cited decisions holding that bankruptcy appeals may be dismissed for bad faith, negligence, or delay, including appeals brought by people representing themselves. Although self-represented litigants receive some procedural latitude, the court stated that they must still learn and comply with procedural rules.
Disposition
Judge Nelson S. Roman dismissed Koch’s appeal because he failed to comply with the court’s instruction to file a motion clearly stating the basis for his appeal. The clerk was directed to terminate the action, mail Koch a copy of the order at the address listed in the court’s electronic filing system, and record service on the docket. The order did not address the merits of the underlying bankruptcy-court judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.