In Re: Carmine P Amelio

Background

Carmine P. Amelio, who represented himself, appealed from a March 23, 2020 bankruptcy-court docket entry stating that an adversary proceeding was closed. The adversary proceeding had been brought by Chapter 7 Trustee Deborah J. Piazza. The Trustee had sought an injunction restricting further bankruptcy filings and an order denying Amelio a discharge under 11 U.S.C. § 727.

On January 21, 2020, the bankruptcy court denied Amelio’s discharge under §§ 727(a)(4)(A), 727(a)(6), and 727(a)(7). After the Trustee sought no further relief in the adversary proceeding, the bankruptcy court entered the March 23 docket entry noting that the proceeding was closed. Amelio filed his notice of appeal on April 6, 2020.

Appellate jurisdiction

The district court explained that it could hear an appeal as of right under 28 U.S.C. § 158(a)(1) only from a final bankruptcy-court order. A final order must resolve all issues concerning a discrete claim, including the relief available. The court held that the March 23 docket entry did not meet that standard. It did not grant relief, dispose of a dispute, or change the parties’ rights; it merely recorded the administrative closure of a proceeding in which the requested relief had already been resolved.

The court also stated that the docket entry’s reference to a 14-day appeal period did not make the entry a final, appealable order. Treating the closure entry as an appealable order would allow a party to avoid the deadline for appealing an earlier judgment or order.

Possible appeal of the discharge denial

Because Amelio represented himself, the court read his notice of appeal broadly and considered whether he intended to challenge the January 21, 2020 order denying his discharge. The court determined that the discharge denial order was final and could have been appealed. But Bankruptcy Rule 8002 required a notice of appeal within 14 days after that order was entered. Amelio filed his notice on April 6, more than two months later.

The court found that the later docket entry closing the adversary proceeding did not restart or extend the deadline. Amelio also had not asked the bankruptcy court for an extension and had not shown grounds for one. The district court therefore concluded that it would lack jurisdiction to review the discharge denial even under this broader reading of the appeal.

Disposition

Judge John P. Cronan granted the Trustee’s motion to dismiss the appeal for lack of jurisdiction. The clerk was directed to terminate the pending motion and close the action.