United States Second Circuit

Dismissal of bankruptcy appeal for failure to comply with Rule 8009 of the Federal Rules of Bankruptcy Procedure is reversed as Rule 8009's 15-day time limit for the filing of appellant's brief is only triggered once the appeal is docketed and notice that the appeal has been docketed is sent to the parties and not by the docketing of a bankruptcy appeal by the district court clerk alone.

Appellate Information

• Decided 01/29/2007
• Published 01/30/2007

Judges

• KATZMANN, Circuit Judge., Before POOLER, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Bernard H. Glatzer, Bronx, NY, pro se for Claimants-Appellant.


• For Appellees:
  
• Richard L. Levine, Weil, Gotshal & Manges LLP, New York, N.Y. (James P. Muenker, Luis G. Zambrano, of counsel, Weil, Gotshal & Magnes LLP, Dallas, TX,), for Debtors-Appellees.