In Re: Dulyn Group, Inc.
- Cathy Seibel
- 7:23-cv-06296
- U.S. District Court · Southern District of New York
- 2
In Dulyn Group v. Mester Funding, Judge Seibel ordered compliance with an appeal-filing deadline or withdrawal, warning the appeal could be dismissed.
Dulyn Group, Inc., as the appellant, must either complete the required bankruptcy-appeal filings or withdraw the appeal. Mester Funding Group I, LLC and the other appellees are affected because they are entitled to receive the filings and could face dismissal of the appeal if Dulyn Group does not comply.
What happened
Dulyn Group, Inc. appealed from a bankruptcy-court matter involving Mester Funding Group I, LLC and other appellees. The appeal was docketed on July 14, 2023.
Bankruptcy Rule 8009(a) required Dulyn Group to file and serve a list of the materials for the appeal and the issues it wanted reviewed by July 28, 2023. Dulyn Group did not meet that deadline.
Judge Cathy Seibel ordered Dulyn Group to file and serve the required documents or withdraw the appeal by September 25, 2023. The court warned that failing to do either could lead to dismissal of the appeal for failure to prosecute, but the order did not dismiss the appeal.
The detailed version
- In Re: Dulyn Group, Inc. · No. 7:23-cv-06296
- Cathy Seibel
- Sept. 11, 2023
Background
Dulyn Group, Inc. filed an appeal from a bankruptcy-court matter involving Mester Funding Group I, LLC and other appellees. The Bankruptcy Court docketed Dulyn Group’s notice of appeal on July 14, 2023.
Rule and missed deadline
Federal Rule of Bankruptcy Procedure 8009(a) requires an appellant to file with the bankruptcy clerk and serve on the appellee two things: a designation identifying the items to be included in the appellate record, and a statement identifying the issues to be presented. The deadline is 14 days after the notice of appeal becomes effective or after an order granting permission to appeal is entered. Based on the July 14 docketing date, Dulyn Group’s deadline was July 28, 2023. The opinion states that Dulyn Group did not file the required designation and statement by that date.
Court’s order
Judge Seibel ordered Dulyn Group to file and serve the required designation and statement, or withdraw the appeal, by September 25, 2023. The court warned that if Dulyn Group did neither, the appeal might be dismissed for failure to prosecute, meaning failure to move the case forward. The order did not itself dismiss the appeal or decide the underlying bankruptcy dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.