In re: Coppedge
MEMORANDUM. Signed by Judge Gregory M. Sleet on 1/14/15. (mas)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Banla. No. 13-l 1098(BLS)
Civil Action No. 13-1374-GMS
MICHAEL B. JOSEPH,
Presently before the court are several motions, including the appellee United States
Trustee Michael B. Joseph's ("the Trustee") motion to dismiss (D.I. 19) and the appellant James
Coppedge's ("Coppedge") petition to affirm settlements (D.I. 22) and request for default as to
the Trustee (D.I. 26). Coppedge proceeds prose and has paid the filing fee. For the reasons that
follow, the court will grant the motion to dismiss and will deny Coppedge's motions as moot.
Coppedge filed his bankruptcy case in the United States Banlauptcy Court for the District
of Delaware. In re Coppedge, Banla. Case No. 13-l 1098(BLS) (Banla. D. Del.) ("Banla. Case
13-l 1098(BLS)"). The Trustee filed a motion to dismiss the banlauptcy case on June 5, 2013
(id. at D.I. 18), and the motion was granted on June 27, 2013 (id. at D.I. 32). The dismissal order
was entered on the same date, June 27, 2013. (Id. at 32.) The bankruptcy case was dismissed
on the grounds that there did not appear to be any available relief under the bankruptcy laws and
that Coppedge's filings and submissions to the Bankruptcy Court were not in compliance with
the Bankruptcy Code and Bankruptcy Rules. (Id. at D.I. 33.) Coppedge filed a notice of appeal
dated July 15, 2013, and it was filed in the Bankruptcy Court on July 17, 2013. (D.1. 1; Bankr.
Case 13-11098-BLS at D.I. 40.)
The appeal was transmitted to this court on August 1, 2013, and the Trustee filed a
motion to dismiss for lack of jurisdiction over the subject matter on January 13, 2014. (D.1. 19.)
On January 24, 2014, Coppedge filed an opening brief in support of the petition to affirm debt
discharge, but the brief did not address the motion to dismiss as the Trustee notes in his reply
brief. (D.I. 20, 21.) Next, Coppedge filed a petition to affirm settlements. (D.I. 22.) Finally, on
December 31, 2013, Coppedge filed an affidavit of default. (D.I. 26.)
THE PARTIES' CONTENTIONS
The Trustee moves for dismissal of the bankruptcy appeal pursuant to Fed. R. Bankr. P.
8011 on the grounds that: ( 1) the appeal was filed after the fourteen day time-period mandated
by Fed. R. Bankr. P. 8002(a); (2) Coppedge did not request an extension of time to file his notice
of appeal; and (3) Coppedge failed to file a designation ofrecord and statement of issues to be
presented within fourteen days of filing the notice of appeal as required by Fed. R. Bankr. P.
Bankruptcy Rule 8002
Federal Rule of Bankruptcy Procedure 8002 provides that the notice of appeal shall be
filed with the clerk within fourteen days of the date of the entry of the judgment, order, or decree
appealed from. 28 U.S.C. § 158(c)(2); Fed. R. Banla. P. 8002. "[T]he prescribed timeline
within which an appeal from a bankruptcy court must be filed is mandatory and jurisdictional."
In re Caterbone, 640 F.3d 108, 110 (3d Cir. 2011). The bankruptcy court may extend the time to
file a notice of appeal if a party requests such an extension by motion within the fourteen day
period, or "within 21 days after that time, ifthe party shows excusable neglect." Fed. R. Banla.
The order at issue was entered on June 27, 2013. Hence, pursuant to Rule 8002
Coppedge was required to file his notice of appeal on or before July 12, 2013. The notice of
appeal was not filed until July 17, 2013, five days after the time to file the appeal. The notice of
appeal was not timely filed. In addition, Coppedge did not move to extend the time to file a
notice of appeal. Because the notice of appeal was untimely and no extension was requested or
granted in this case, the court lacks subject matter jurisdiction to hear the instant appeal.
Bankruptcy Rule 8006
Federal Rule of Bankruptcy Procedure 8006 provides that within fourteen days after
filing the notice of appeal, entry of an order granting leave to appeal, or entry of an order
disposing of the last timely motion outstanding of a type specified in Rule 8002(b), whichever is
later, the appellant shall file with the clerk and serve on the appellee a designation of the items to
be included on the record on appeal and a statement of the issues to be presented. The Trustee
argues that, because Coppedge failed to comply with Rule 8006, the appeal must be dismissed.
To date, Coppedge has not complied with Rule 8006. The notice of appeal was filed on
July 17, 2013. Therefore, Coppedge should have complied with Rule 8006 on or before August
31, 2013. He failed to do so. In addition, Coppedge does not assert that his failure to comply
with Rule 8006 is the result of excusable neglect. See Fed. R. Banla. P. 9006(b)(l); Pioneer Inv.
Servs. Co. v. BrunswickAssocs. Ltd. P'ship, 507 U.S. 380, 395 (1993) (analyzing "excusable
neglect" pursuant to Rule 9006(b)(l)). Indeed, Coppedge does not oppose the motion.
For the above reasons, the court will grant the Trustee's motion to dismiss the bankruptcy
appeal (D .I. 18) and will deny as moot Coppedge' s petition to affirm settlements and request for
default (D.I. 22. 26).
An appropriate order will be issue.
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