In Re: Avianca Holdings S.A.

Background

The Southern District of New York received a bankruptcy appeal involving Avianca Holdings S.A. The order states that the appeal had been assigned to Judge Failla for all purposes and had been docketed in the district court. It does not identify the appellant or appellee in the text provided.

Requirements for the Appeal

The order explains that Bankruptcy Rule 8009 requires the appellant, within 14 days after filing the notice of appeal, to identify the items to be included in the appellate record and state the issues presented. Within 14 days after receiving that statement, the appellee may identify additional record items. If the appellee filed a cross-appeal, it must also state the issues and identify additional record items for that cross-appeal.

The court did not excuse the parties from filing appeal briefs. Under the schedule adopted from Bankruptcy Rule 8018, the appellant must file a brief within 30 days after notice that the record was transmitted or is electronically available. The appellee’s brief is due within 30 days after service of the appellant’s brief, and the appellant’s reply is due within 14 days after service of the appellee’s brief, subject to the requirement that the reply be filed at least 7 days before argument unless the court grants permission otherwise.

Ruling and Effect

Judge Katherine Polk Failla entered a scheduling order governing the appeal. The order warns that failure to comply with the order or the deadlines in Bankruptcy Rules 8002, 8009, or 8018 will result in dismissal of the appeal when the appellant is responsible, or consideration of the appeal without an appellee’s brief when the appellee is responsible. The order also waives the court’s usual pre-motion conference requirement for a party moving to dismiss an appeal for failure to comply with Rules 8002, 8006, or 8009. The court did not rule on the merits of the bankruptcy appeal.