Summary
The United States Bankruptcy Appellate Panel for the Eighth Circuit dismissed Robert Duane Wagner’s appeal from orders denying relief from dismissal of his Chapter 13 case and an extension of time to appeal. The dismissal followed the filing of a suggestion of death indicating that Wagner had died and the failure of any personal representative or other party to seek substitution or continue the appeal. The dismissal was without prejudice to the decedent’s personal representative seeking reinstatement.
Topics
Practice areas
Questions Presented
- Whether the appeal should be dismissed after the appellant's death when a suggestion of death was filed, no personal representative or other party sought substitution, and no party came forward to prosecute the appeal.
Holdings
- When a party dies during an appeal, Federal Rule of Bankruptcy Procedure 8023.1 permits substitution by the decedent's personal representative, but where reasonable time has passed after the suggestion of death and no personal representative or other party seeks substitution or prosecutes the appeal, the appeal may be dismissed without prejudice to reinstatement by the decedent's personal representative.
Key quotations
“Because reasonable time has lapsed since Appellant’s death and the filing of the suggestion of death, and no party has come forward to prosecute, the appeal is dismissed without prejudice to right of decedent’s personal representative to seek reinstatement of this appeal on decedent’s behalf.” (3)
Factual background
Wagner filed a Chapter 13 bankruptcy petition on September 3, 2025, and the bankruptcy court dismissed the case on October 30, 2025. He sought to vacate the dismissal and obtain additional time to appeal, but the bankruptcy court denied both motions. During the resulting appeal, U.S. Bank filed a suggestion of death and an obituary indicating that Wagner had died on January 7, 2026; no personal representative or other party sought substitution or continued prosecution of the appeal.
Procedural history
Robert Duane Wagner filed a Chapter 13 bankruptcy case in the United States Bankruptcy Court for the District of Minnesota on September 3, 2025. The bankruptcy court dismissed the case on October 30, 2025, denied Wagner's motion to vacate the dismissal and motion for an extension of time to appeal on December 5, 2025, and Wagner filed a notice of appeal on December 9, 2025. After U.S. Bank filed a suggestion of death stating that Wagner had died on January 7, 2026, the BAP suspended briefing deadlines; no personal representative or other party moved for substitution or came forward to prosecute the appeal.
Remand instructions
The appeal was dismissed without prejudice to the right of the decedent's personal representative to seek reinstatement of the appeal on the decedent's behalf.