Schimek
- Katherine Failla
- 1:25-cv-09203
- U.S. District Court · Southern District of New York
- 2
In re Michael D. Schimek, Judge Failla set briefing and record deadlines for the bankruptcy appeal and warned that noncompliance could lead to dismissal.
The appellant, appellee, and their counsel in the bankruptcy appeal are affected by the record-designation, briefing, and compliance requirements.
What happened
In re Michael D. Schimek is a bankruptcy appeal assigned to the U.S. District Court for the Southern District of New York. The order sets the steps and deadlines for preparing the appeal; it does not decide the appeal’s underlying issues.
The appellant must identify the record materials and issues within 14 days after filing the appeal notice. The appellee may identify additional materials within 14 days after receiving that statement. The appellant’s brief is due 30 days after the record is transmitted or made available electronically, the appellee’s brief is due 30 days after that, and any reply is due 14 days later. Missing the deadlines can result in dismissal of the appeal for the appellant or consideration of the appeal without the appellee’s brief.
Judge Katherine Polk Failla also waived the usual pre-motion conference requirement for motions seeking dismissal based on failures to comply with certain bankruptcy appeal deadlines. The court entered this scheduling order on November 5, 2025.
The detailed version
- Schimek · No. 1:25-cv-09203
- Katherine Failla
- Nov. 5, 2025
Background
This matter is a bankruptcy appeal in the Southern District of New York, arising from Bankruptcy Case No. 24-10213 (MG). Judge Katherine Polk Failla stated that the appeal had been assigned to her for all purposes.
Record Designations and Issues
Under Bankruptcy Rule 8009, the appellant must file a designation of the items to be included in the appellate record and a statement of the issues to be presented within 14 days after filing the notice of appeal. Within 14 days after the appellant serves that statement, the appellee may designate additional record items. If the appellee filed a cross-appeal, the appellee must also state the issues for the cross-appeal and designate additional record items.
Briefing Schedule
The court did not excuse the filing of appellate briefs. Unless the court later orders otherwise, the format and length requirements in Bankruptcy Rules 8014 through 8018 apply. The order adopts Rule 8018’s deadlines: the appellant must file and serve a brief within 30 days after the court receives notice that the record has been transmitted or is electronically available; the appellee must file and serve a brief within 30 days after service of the appellant’s brief; and the appellant may file and serve a reply within 14 days after service of the appellee’s brief. The reply must be filed at least 7 days before scheduled argument unless the court grants permission otherwise.
Consequences of Noncompliance
The order states that failure to comply with the order or with the time limits in Rules 8002, 8009, or 8018 will result in dismissal of the appeal when the noncompliant party is the appellant. For an appellee, the appeal may be considered without the appellee’s brief.
Other Direction
Counsel must review and comply with Judge Failla’s Individual Rules of Practice in Civil Cases to the extent those rules do not conflict with the Federal Rules of Bankruptcy Procedure. The court waived the pre-motion conference requirement for any party moving to dismiss the appeal for failure to comply with Rules 8002, 8006, and/or 8009.
Disposition
Judge Katherine Polk Failla entered a scheduling order governing the bankruptcy appeal. The order sets deadlines and warns of consequences for noncompliance; it does not resolve the merits of the appeal.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.