Candie Yer Herr and Eric Zooves Herr v. Helen M. Ludwig, Dillon Ambrose, and United States Department of Justice

Summary

The United States District Court for the Eastern District of Wisconsin dismissed without prejudice a bankruptcy appeal brought by Candie Yer Herr and Eric Zooves Herr. The court dismissed the appeal for failure to prosecute after the appellants failed to pay the required filing fee and warned that future frivolous or unpaid appeals could result in sanctions.

Holdings

1. The district court may dismiss a bankruptcy appeal without prejudice for failure to prosecute when the appellants fail to pay the required appeal filing fee.
2. The appellants' notice did not qualify for stipulated voluntary dismissal under Federal Rule of Bankruptcy Procedure 8023(a) because it lacked the appellees' signatures and did not specify how the outstanding appeal filing fee would be paid.

Questions Presented

1. Whether the district court could dismiss the bankruptcy appeal without prejudice for failure to prosecute when appellants failed to pay the required appeal filing fee.
2. Whether appellants' unilateral notice of voluntary dismissal required dismissal under Federal Rule of Bankruptcy Procedure 8023(a).

Disposition

dismissed