In re Debtor Sam Usamah Khulusi

Summary

The United States District Court for the Central District of California issued an order to show cause why Sam Usamah Khulusi’s appeal from a Bankruptcy Court order should not be dismissed for lack of prosecution. The court stated that the appellant had not filed the required statement of issues, designation of record, or notice of transcripts, and ordered him to respond by February 16, 2026, or alternatively obtain a Certificate of Readiness from the Bankruptcy Clerk.

Holdings

1. When an appellant fails to perfect a bankruptcy appeal in the manner required by the Federal Rules of Bankruptcy Procedure, dismissal is authorized under Federal Rule of Bankruptcy Procedure 8003(a)(2).
2. A bankruptcy appeal subject to dismissal for failure to perfect is evaluated under the five-factor standard for dismissal of a civil case for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether an appellant's failure to file the statement of issues, designation of record, and notice of transcripts required by the Federal Rules of Bankruptcy Procedure authorizes dismissal of the bankruptcy appeal for lack of prosecution.
2. What standard governs dismissal of a bankruptcy appeal for failure to perfect and prosecute the appeal.

Disposition

other