Landmines in Bankruptcy Practice, Part II

In his latest article for The Bankruptcy Strategist titled, “Landmines in Bankruptcy Practice, Part II,” Schulte Roth & Zabel of counsel Michael L. Cook discusses deadlines, leave to appeal and direct appeals in relation to several appellate courts' recent decisions. 

The Fifth Circuit affirmed the denial of a party's motion for an extension of time to fite his notice of appeal, explaining that the party had "not shown that his notice of appeat reached the cterk before the deadline." In re Porter Development Partners, LLC, 2023 WL 7381439 (sth Cir. Nov. 7, 2023). The court had previously dismissed the party's earlier appeal from a grant of summary judgment against him because of a "late filing." ld. at *1. On this appeal, the party argued "that his notice of appeal of the summary judgment order arrived before the filing deadline, but the clerk could not find it for several days, and thus he should not be penalized for the late fíling."

Read more about the recent decisions and the article here.