In re Hermann Muennichow

Filing 9

ORDER DISMISSING APPEAL OF BANKRUPTCY COURT'S ORDER by Judge Cormac J. Carney. SEE DOCUMENT FOR FURTHER INFORMATION. BK.17-10673 VK. (Made JS-6. Case Terminated.) (twdb)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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HERMAN MUENNICHOW,
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Debtor,
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HELANYNE MUENNICHOW,
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Appellant,
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v.
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DAVID SEROR,
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Appellee.
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In re

Case Nos.: CV 21-07737-CJC
Bankruptcy Case Nos.: BK 17-10673-VK

ORDER DISMISSING APPEAL OF
BANKRUPTCY COURT’S ORDER

Appellant Helanyne Muennichow appeals a denial from the Bankruptcy Court for
the Central District of California on an application for authority to employ Caldwell
Banker Residential Brokerage and Help-U-Sell Inland Valley as Real Estate Broker on
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behalf of David Seror, the trustee, for the bankruptcy estate of Hermann Muennichow,

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the debtor. (Dkt. 1 at 4.) On September 29, 2021, Helanyne Muennichow filed a Notice

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of Appeal. (Dkt. 1.) That same day, the Bankruptcy Court filed a Notice Regarding

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Appeal, explaining the deadlines and requirements for the appeal. (Dkt. 3.) As relevant

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here, the Bankruptcy Court explained that Helanyne Muennichow “must file . . . [a]

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designation of record,” and a “notice regarding the ordering of transcripts” within 14

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days of filing the notice of appeal. (Dkt. 3 at 1 [emphases in original].) The Bankruptcy

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Court further stated that “[t]he failure of either party to comply with time

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requirements as stated in this notice and applicable rules may result in the dismissal

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of the appeal.” (Dkt. 3 at 2 [emphasis in original].) The Bankruptcy Court’s notice

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conforms to the Federal Rules of Bankruptcy Procedure, which require an appellant to

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serve and file with their brief excerpts of the record as an appendix. Fed. R. B. Proc.

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8009, 8018(b).

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Appellant failed to file excerpts of record. This is problematic not just as a

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technical failure to follow the rules. Absent these excerpts, the Court is unable to assess

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the merits of the appeal. Accordingly, the Court DISMISSES the appeal. See, e.g., In re

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Lou, 116 F.3d 1486 (9th Cir. 1997) (finding no abuse of discretion where district court

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sua sponte dismissed appeal because party filed excerpts of record late); Recinos v.

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MorEquity, Inc., 2012 WL 2503960, at *2 (D. Nev. June 28, 2012) (dismissing

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bankruptcy appeal for failure to file excerpts of record).

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DATED:

January 7, 2022
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CORMAC J. CARNEY

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UNITED STATES DISTRICT JUDGE

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