Yigal Bosch v. Frost National Bank

Summary

The Fifth Circuit affirmed the district court’s dismissal of Yigal Bosch’s appeal from several bankruptcy court orders and affirmed denial of reconsideration. The court held that some appeals were untimely and that dismissal of the remaining fee-order appeals was within the district court’s discretion because Bosch failed to comply with bankruptcy appellate-record requirements.

Holdings

1. A district court lacks appellate jurisdiction over a bankruptcy court order when the notice of appeal is not filed within the fourteen-day period required by Federal Rule of Bankruptcy Procedure 8002(a). Bosch's notice was untimely as to the challenged orders, so dismissal was proper.
2. A district court may dismiss a bankruptcy appeal when the appellant fails to comply with Federal Rule of Bankruptcy Procedure 8006, including the requirement to timely designate the record and provide necessary transcripts. The district court therefore acted within its discretion in dismissing Bosch's appeal from the fee orders.
3. The district court did not abuse its discretion in denying Bosch's motion for reconsideration.

Questions Presented

1. Whether the district court had appellate jurisdiction over Bosch's challenges to the bankruptcy court's stay-modification order, confirmation order, and additional orders when Bosch filed his notice of appeal more than fourteen days after entry of those orders.
2. Whether the district court abused its discretion by dismissing Bosch's appeal from the fee orders for failure to comply with Federal Rule of Bankruptcy Procedure 8006 and failure to provide an adequate appellate record.
3. Whether the district court properly denied Bosch's motion for reconsideration.

Disposition

affirmed