In re: Peggy Nestor
- Jesse Furman
- 1:25-cv-05495
- U.S. District Court · Southern District of New York
- 1
In re: Peggy Nestor: Judge Furman dismissed the bankruptcy appeal because the appellant did not file the required brief or otherwise pursue the matter.
The appellant in the bankruptcy appeal and the pending case.
What happened
In re: Peggy Nestor involved an appeal in which the court extended the deadline for the appellant to file an opening brief until October 3, 2025. The court warned that missing the deadline would lead to dismissal for failure to pursue the case.
The appellant did not file the brief by the deadline and did not otherwise pursue the matter. The court therefore dismissed the case for failure to prosecute and directed the clerk to close it and mail the order to the appellant.
Judge Jesse M. Furman issued the October 17, 2025 order. The order did not decide the underlying bankruptcy issues.
The detailed version
- In re: Peggy Nestor · No. 1:25-cv-05495
- Jesse Furman
- Oct. 17, 2025
Background
This matter was an appeal connected to a bankruptcy case. On September 3, 2025, the court extended the deadline for the appellant to file an opening brief under Rule 8018 of the Federal Rules of Bankruptcy Procedure. The new deadline was October 3, 2025. The court expressly warned that failing to file the brief by that date would result in dismissal of the appeal for failure to prosecute without further notice.
What the Court Decided
The appellant did not file an opening brief by the deadline and did not otherwise pursue the matter. The court concluded that dismissal was warranted because of that failure. It ordered that the case be dismissed for failure to prosecute. The clerk was directed to close the case and mail a copy of the order to the appellant.
Effect of the Ruling
The order ended the pending appeal for failure to prosecute. It did not address the merits of the underlying bankruptcy dispute. Judge Jesse M. Furman signed the order on October 17, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.