In Re: Peggy Nestor
- Alvin Hellerstein
- 1:25-cv-00804
- U.S. District Court · Southern District of New York
- 2
In re Peggy Nestor: Judge Hellerstein dismissed Marianne Nestor’s bankruptcy appeal because she missed a required filing and did not show excusable neglect.
Marianne Nestor’s bankruptcy appeal was dismissed; the Clerk was directed to close the case and mail her the order.
What happened
In re Peggy Nestor involved Marianne Nestor’s appeal from a bankruptcy-court matter. The court said her required Designation and Statement was due January 29, 2025, after her notice of appeal was docketed.
Nestor did not timely file that document and also did not file an opening brief. After the court ordered her to explain why the missed deadline resulted from excusable neglect, she filed documents that did not provide that explanation. The court rejected her late Designation and Statement.
Judge Alvin K. Hellerstein dismissed Nestor’s bankruptcy appeal and directed the Clerk to close the case and mail her a copy of the order.
The detailed version
- In Re: Peggy Nestor · No. 1:25-cv-00804
- Alvin Hellerstein
- Apr. 28, 2025
Background
Marianne Nestor filed a notice of appeal in the bankruptcy court on January 15,
- The notice was docketed in the district court on January 28,
- The court determined that her Designation and Statement—the filing required for identifying the bankruptcy-court record and issues on appeal—was due January 29,
- Nestor did not timely file it, and she also did not file an opening brief.
Order to Show Cause
On April 3, 2025, the court ordered Nestor to show “excusable neglect,” meaning a legally acceptable reason for missing the deadline, under Federal Rule of Bankruptcy Procedure 9006(b)(1)(B). Nestor filed responses that included a late Designation and Statement, but the court found that she did not explain why she had failed to comply with the filing requirement or otherwise show excusable neglect.
Ruling
The court stated that filing the Designation and Statement is mandatory and that a bankruptcy appeal may be dismissed when an appellant fails to file it and cannot show excusable neglect. The court rejected Nestor’s late filing and dismissed her bankruptcy appeal. It directed the Clerk to close the case and mail Nestor a copy of the order. The opinion does not explain the relationship between the captioned party, Peggy Nestor, and appellant Marianne Nestor.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.