In Re: Jones

Background

Shelly Jones and Warren Gregory Jones, who were representing themselves, filed a notice of appeal from a bankruptcy-court matter. The Bankruptcy Court docketed their notice of appeal on August 29, 2023.

Required appeal filings

Federal Rule of Bankruptcy Procedure 8009(a) requires an appellant to file with the bankruptcy clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented. The filings were due within 14 days after the appeal became effective or leave to appeal was granted. Based on the August 29, 2023 docketing date, the deadline was September 12, 2023. The appellants did not file the designation or statement by that date.

The court also noted that the appellants' civil cover sheet identified the United States Bankruptcy Court for the Southern District of New York as the defendant. The court explained that the Bankruptcy Court is not an appellee and that the appellants should identify the appropriate appellee or appellees if they continue the appeal.

Order

Judge Cathy Seibel ordered the appellants to file and serve the required designation and statement, or withdraw the appeal, by June 4, 2024. The court stated that if they failed to do either, the appeal may be dismissed for failure to prosecute. The order did not dismiss the appeal.