United States Second Circuit

Dismissal of debtor's appeal from orders of the bankruptcy court is vacated where the district court abused its discretion under Federal Rule of Bankruptcy Procedure 8001 when it dismissed based on debtor's failure to include in the designation of record on appeal a transcript of a bankruptcy hearing without first giving the debtor notice and opportunity to respond and without determining whether a lesser sanction would have been appropriate.

Appellate Information

• Decided 09/18/2006
• Published 09/19/2006

Judges

• SOTOMAYOR, Circuit Judge:, Before: SOTOMAYOR, WESLEY, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert E. Harris, Albany, NY, pro se.


• For Appellees:
  
• Tonia L. Summers, Assistant County Attorney (Michael C. Lynch, County Attorney on the brief), Albany, NY, submitted a brief for Appellee.