Lelani Hope Rickert vs. Robert G. Drummond

Filing 12

ORDER DISMISSING CASE. IT IS ORDERED that Trustee Robert Drummond's Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that Debtor Leilani Hope Rickert's BNotice of Appeal is DISMISSED for lack of jurisdiction. Signed by Judge Susan P. Watters on 12/7/2021. (EMH)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

LEILANI HOPE RICKERT,

CV21-102-BLG-SPW

Debtor/Appellant,
ORDER
vs.

ROBERT G.DRUMMOND,

Trustee/Appellee.

Before the Court is Trustee/Appellee Robert Drummond's Motion to

Dismiss, filed October 28,2021.(Doc. 4). Debtor/Appellant Leilani Hope Rickert
responded to the Motion on November 12, 2021.(Doc. 10). Drummond replied on
December 6, 2021.(Doc. 11). The motion is ripe and ready for adjudication. For
the following reasons, the Court grants Drummond's Motion.
Drummond asserts this Court lacks jurisdiction to hear Rickert's appeal

because Rickert failed to timely file her appeal and this Court must dismiss the
case. Federal Rule ofBankruptcy Procedure 8002(a)requires appellants to file
their notice of appeal "within 14 days after the entry ofthe judgment, order, or
decree being appealed."
Rickert filed her bankruptcy petition on July 7, 2021. The Bankruptcy Court
dismissed the petition with prejudice on September 21,2021. Rickert filed her