In Re: Fred H Siemon

Background

Fred H. Siemon, representing himself, appealed an order of the United States Bankruptcy Court for the Southern District of New York that lifted the automatic stay under 11 U.S.C. § 362(d)(1). An automatic stay generally pauses certain collection or enforcement actions during a bankruptcy case. The order allowed secured creditor NYCTL 1998-2 Trust to exercise its rights concerning Siemon’s real property at 1614 Stadium Avenue, Bronx, New York.

The district court’s opinion states that the Bankruptcy Court entered the relief order on July 16, 2020, and that Siemon filed his notice of appeal on September 14, 2020. The Bankruptcy Court later dismissed the bankruptcy case on November 13, 2020. Krista M. Preuss, identified as the Chapter 13 Trustee, told the district court that she took no position on the relief order and that the dispute was between Siemon and NYCTL 1998-2 Trust.

Untimeliness

The district court explained that an order granting or denying relief from an automatic stay is a final, appealable order. Under the Bankruptcy Code and Bankruptcy Rule 8002(a), a party generally must appeal within 14 days after entry of the order. The court stated that this deadline is jurisdictional, meaning that missing it generally deprives the district court of authority to consider the appeal.

The court also explained that although a district court may sometimes extend the 14-day deadline, Bankruptcy Rule 8002(d)(2)(A) bars an extension when the order grants relief from an automatic stay under § 362. Applying those rules, the court concluded that Siemon had to file his notice of appeal by July 30, 2020. Because he filed on September 14, 2020, the court held that the appeal was untimely.

Mootness

The court separately held that the appeal was moot. Mootness means that a court can no longer provide effective relief. The Bankruptcy Court’s dismissal of the bankruptcy case ended the automatic stay under 11 U.S.C. § 362(c)(2)(B). Therefore, even if the stay had not been properly lifted by the relief order, the stay had already ended when the bankruptcy case was dismissed. The district court concluded that it could not provide any effective relief because there was no longer a live dispute for it to decide.

Disposition

The court dismissed Siemon’s appeal because it was both untimely and moot. It directed the Clerk of Court to close motions at ECF Nos. 12, 14, and 15 and to close the case. The opinion does not decide whether the Bankruptcy Court correctly lifted the automatic stay.

Opinion text issue

The opinion first describes the relief order as entered on July 16, 2020, but later refers to it as docketed on July 16, 2021. The court’s deadline analysis uses July 16, 2020 and a July 30, 2020 deadline.