Taylor v. Kane
Filing
21
ORDER AFFIRMING BANKRUPTCY COURT'S ORDER GRANTING APPELLEE'S MOTION TO DISMISS APPEAL - Signed by JUDGE MICAH W.J. SMITH on 10/29/2024. (jni)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I
SARAH MARGARET TAYLOR,
Appellant,
vs.
ELIZABETH A. KANE,
Appellee.
Civil No. 24‐00205 MWJS‐KJM
ORDER AFFIRMING BANKRUPTCY
COURT’S ORDER GRANTING
APPELLEE’S MOTION TO DISMISS
APPEAL
ORDER AFFIRMING BANKRUPTCY COURT’S ORDER
GRANTING APPELLEE’S MOTION TO DISMISS APPEAL
This is an appeal from an order of the United States Bankruptcy Court for the
District of Hawai‘i. Pro se Appellant Sarah Margaret Taylor argues that the bankruptcy
court erroneously granted a motion to dismiss filed by the trustee, Appellee Elizabeth
A. Kane. Having carefully considered the parties’ submissions, the Court AFFIRMS the
bankruptcy court’s order.
BACKGROUND
On April 12, 2024, Taylor filed a notice of appeal from the bankruptcy court. ECF
No. 1. Through that notice, Taylor sought to appeal the bankruptcy court’s underlying
order granting compensation to Kane in connection with her final report and
distribution.
When a decision of the bankruptcy court is appealed to the district court, the
bankruptcy rules require that the appellant file, among other things, a designation of
items for the record and a statement of the issues. Fed. R. Bankr. P. 8009. Taylor did
not timely file either of those items, and so, on May 28, 2024, the bankruptcy court
issued a notice of deficient appeal. ECF No. 16‐5. Despite that warning, Taylor failed to
correct the deficiencies. Kane then filed a motion in the bankruptcy court seeking
dismissal of Taylor’s appeal for failure to prosecute the appeal and failure to file the
required items. ECF No. 16‐2. In response, Taylor filed objections asking for more time
to prepare an opposition and for a stay of the proceedings, ECF Nos. 16‐6 & 16‐7, but
did not otherwise respond to the deficiency notice.
Following a hearing, the bankruptcy court issued an order dated July 16, 2024,
granting Kane’s motion to dismiss the appeal for the grounds stated in her motion. ECF
No. 16‐1. Two days later, Taylor filed a document titled “Statement of the Issues on
Appeal.” ECF No. 9. Taylor’s signature on that document, however, was dated
October 5, 2018—more than five years before the bankruptcy court’s order dismissing
this appeal—and it appears that Taylor’s document had initially been filed in support of
an earlier appeal.
Taylor now seeks this Court’s review of the bankruptcy court’s dismissal order,
see ECF No. 14, and Kane filed a position statement arguing that the bankruptcy court
did not abuse its discretion in dismissing Taylor’s appeal, see ECF No 16. Taylor
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requested a seventy‐five day stay of these proceedings to allow for her recovery from a
medical procedure. ECF No. 14, at PageID.93. The Court construed that request as one
for an extension of time to file a reply, and it granted the motion. ECF No. 17.
Taylor timely filed a reply brief on October 15, 2024. ECF No. 19. But that is not
all she filed. For the first time, Taylor also filed in this Court a purported designation of
items for the record and a statement of the issues, apparently in an attempt to meet her
requirements for the appeal post‐dismissal. ECF Nos. 18 & 20.
The Court elects to decide the matter without a hearing under Local Rule 7.1(c).
STANDARD OF REVIEW
In reviewing a bankruptcy court decision, the federal district court “functions as
an appellate court” and “applies the same standards of review as a federal court of
appeals.” In re Crystal Props., Ltd., L.P., 268 F.3d 743, 755 (9th Cir. 2001). Accordingly, a
bankruptcy court’s dismissal for non‐compliance with non‐jurisdictional bankruptcy
procedural requirements is reviewed for an abuse of discretion. In re Fitzsimmons, 920
F.2d 1468, 1471 (9th Cir. 1990).
DISCUSSION
The bankruptcy court did not abuse its discretion in dismissing Taylor’s appeal.
This Court’s Local Rule 8005.1 “authorize[s] and direct[s]” the bankruptcy court “[t]o
dismiss an appeal in which appellant has failed to file a designation of the items for the
record or a statement of the issues as required by” Federal Rule of Bankruptcy
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Procedure 8009. Generally, a court must first consider alternative measures to dismissal
for noncompliance with bankruptcy procedural requirements.1 Greco v. Stubenberg, 859
F.2d 1401, 1404 (9th Cir. 1988). The actual use of alternative measures pursuant to
dismissal, such as a warning of dismissal, “constitutes explicit consideration” of
alternatives “even if the order dismissing does not mention these prior acts.” In re
Fitzsimmons, 920 F.2d at 1474 n.5 (citing Greco, 859 F.2d at 1404).
For over three months, despite the bankruptcy court providing her with ample
notice of the appeal’s deficiencies—and despite filing other documents—Taylor failed
to file a designation of the record and statement of the issues on appeal. And so at the
time the bankruptcy court issued its order dismissing the appeal, the bankruptcy court
had already considered alternatives to dismissal by issuing the notice of a deficient
appeal and giving Taylor an opportunity to cure the deficiencies. But the bankruptcy
court still had nothing before it on which it could find that Taylor’s appeal was
sufficient.2
A court must also generally consider “whether the conduct giving rise to the
dismissal was caused entirely by the party’s attorney.” Greco, 859 F.2d at 1404. That
factor is not applicable here because Taylor is proceeding pro se.
2
At the hearing on the motion to dismiss in the bankruptcy court, Taylor argued
that the opposition she had filed earlier that morning was functionally a statement of
the issues in a different form. The bankruptcy judge pointed out that even if that were
the case, Taylor still had not filed a designation of the record on appeal.
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Taylor contends that she was unable to timely file the designation of the record
because she needed the reasonable accommodation of a “human‐reader scribe to
undergo such a task given the breadth and depth of the dockets.” ECF No. 14, at
PageID.93. She submits that she has “communication disabilities,” e.g., ECF No. 12, and
that she has previously received accommodations in other contexts, including when she
took the Law School Admission Test (LSAT). ECF No. 19, at PageID.224.
Federal courts make “reasonable allowances for pro se litigants and construe[]
their pleadings and papers liberally.” In re Saito Bros. Inc., 560 B.R. 540, 545 (Bankr. D.
Idaho 2016). That said, “it is still the pro se litigant’s burden to establish a proper legal
basis for any relief sought or defense raised, and to follow the requirements of the
Bankruptcy Code, Bankruptcy Rules, and Local Bankruptcy Rules.” Id. While the
Court is sympathetic toward the disabilities Taylor describes, the record of these
proceedings does not support the conclusion that Taylor was unable to comply with the
bankruptcy court rules. To the contrary, it appears that Taylor was able to adequately
represent herself in the bankruptcy proceedings; she successfully filed many briefs on
her own. Indeed, at the hearing on Kane’s motion to dismiss, the bankruptcy judge
stated that he had considered reasonable allowances for Taylor’s circumstances, but that
she nonetheless had an obligation to move the case forward in a reasonable timeframe.
When Taylor then argued that she simply needed twice the amount of time as other
litigants to file her documents as a reasonable accommodation, the bankruptcy judge
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noted that she had already been provided with more time than that. And the
bankruptcy judge further explained that the designation of the record and statement of
issues on appeal were fairly straightforward documents that could have been compiled
with less work than Taylor had seemingly put into other documents that she filed
during that time period.
Moreover, Taylor does not explain why—six months after the initial notice of
appeal—she has now been able to file the designation of the record without any Court‐
ordered assistance. And, finally, Taylor has not adequately accounted for her untimely
filing of the statement of the issues. For these reasons, the bankruptcy court did not
abuse its discretion in dismissing Taylor’s appeal. See, e.g., In re Kenny G Enterprises,
LLC, 708 F. App’x 390, 390 (9th Cir. 2017) (“The district court did not abuse its discretion
by dismissing . . . appeal because, despite being required by the Federal Rules of
Bankruptcy Procedure to take certain actions within 14 days of filing the appeal,
[appellant] failed to do so more than six months after appealing.”).
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CONCLUSION
The bankruptcy court’s order dismissing Taylor’s appeal is AFFIRMED.
IT IS SO ORDERED.
DATED: October 29, 2024, at Honolulu, Hawai‘i.
/s/ Micah W.J. Smith
Micah W.J. Smith
United States District Judge
Sarah Margaret Taylor v. Elizabeth A. Kane; Civil No. 24‐00205 MWJS‐KJM; ORDER
AFFIRMING BANKRUPTCY COURT’S ORDER GRANTING APPELLEE’S MOTION
TO DISMISS APPEAL
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