In Re: Aurora Commercial Corp.
- John Koeltl
- 1:19-cv-11207
- U.S. District Court · Southern District of New York
- 3
Pierre v. Aurora Commercial Corp.: Judge Koeltl remanded the appeal for a decision on extending the filing deadline.
Gerard Pierre’s bankruptcy appeal was affected because the district court could not proceed unless the bankruptcy court granted his request to extend the appeal deadline. Aurora Commercial Corp. was the appellee and debtor whose objection to Pierre’s proof of claim had been sustained.
What happened
In Re: Aurora Commercial Corp. concerns Gerard Pierre’s appeal from a bankruptcy court order sustaining Aurora Commercial Corp.’s objection to his proof of claim.
Pierre filed his appeal after the 14-day deadline. He also asked the bankruptcy court to extend the deadline, citing excusable neglect, but that court had not ruled on his request.
Judge Koeltl remanded the matter to the bankruptcy court for the limited purpose of deciding whether Pierre showed excusable neglect and whether the appeal deadline should be extended. The district court did not decide the underlying dispute over Pierre’s proof of claim.
The detailed version
- In Re: Aurora Commercial Corp. · No. 1:19-cv-11207
- John Koeltl
- July 16, 2020
Background
Gerard Pierre, appearing without a lawyer, appealed from a November 13, 2019 order of the United States Bankruptcy Court for the Southern District of New York. That order sustained Aurora Commercial Corp.’s objection to Pierre’s proof of claim. Pierre filed a notice of appeal on December 4, 2019 and, the same day, moved in the bankruptcy court for more time to appeal based on excusable neglect.
Rule and Analysis
Federal Bankruptcy Rule 8002(a)(1) generally requires a notice of appeal to be filed within 14 days after the appealed order is entered. The district court explained that this deadline is jurisdictional, meaning the district court generally cannot hear an appeal filed too late. Rule 8002(d)(1) allows the bankruptcy court to extend the deadline when a party moves within 21 days after the deadline expires and shows excusable neglect.
Pierre’s December 4 notice of appeal was untimely under the 14-day rule. However, the bankruptcy court had not yet decided Pierre’s motion for an extension. The district court therefore remanded the matter to the bankruptcy court for the limited purpose of deciding, in the first instance, whether Pierre established excusable neglect and whether the appeal period should be extended.
Disposition
The matter was remanded to the bankruptcy court for that limited purpose. The parties were directed to notify the district court promptly after the bankruptcy court resolved the extension motion. The district court did not decide the merits of Aurora Commercial Corp.’s objection to Pierre’s proof of claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.