In Re: Tobias Harold Elsass

Filing 5

ORDER granting 2 Motion to Dismiss for Lack of Jurisdiction; finding as moot 4 Motion for Extension of Time. Signed by Judge Algenon L. Marbley on 10/30/2017. (cw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
IN RE:
:
:
Appellate Case No. 17-cv-00611
TOBIAS HAROLD ELSASS
:
Bankruptcy Case No. 16-bk-57091
:
JUDGE ALGENON L. MARBLEY
DEBTOR.
:
:

TOBIAS HAROLD ELSASS,
APPELLANT,
v.
JPMORGAN CHASE BANK, N.A.,
APPELLEE.

:
:
:
:
:
:
:
:

ORDER GRANTING MOTION TO DISMISS APPEAL
Before the Court is Appellee JPMorgan Chase Bank, N.A.’s (“Chase”) Motion to
Dismiss the above-captioned appeal filed by Appellant Tobias Harold Elsass (“Debtor”).
Specifically, Chase requests that this Court dismiss Debtor’s appeal based on a lack of
jurisdiction resulting from Debtor’s failure to timely file a Notice of Appeal pursuant to
Bankruptcy Rule 8002.
This Court has reviewed the Motion. 28 U.S.C. § 158(c)(2) mandates that an appeal to
the district court from a bankruptcy court must be taken within the time specified by Fed. R.
Bankr. P. 8002. Pursuant to Rule 8002, “a notice of appeal must be filed with the bankruptcy
clerk within 14 days after entry of the judgment, order, or decree being appealed.” Fed. R. Bankr.
P. 8002(a).

The Sixth Circuit has held that Rule 8002’s 14-day period is a jurisdictional

requirement and shall be strictly construed. See Schwab Indus. v. Huntington Nat’l Bank, 679 F.
1

App’x. 397, 399 (6th Cir. 2017). A failure to timely file a notice of appeal precludes a district
court from reaching the merits. See Walker v. Bank of Cadiz (In re LBL Sports Center, Inc.), 684
F.2d 410, 412 (6th Cir. 1982) (“[A] district court lacks jurisdiction over an appeal that is not
timely filed pursuant to Rule [8002(a)]”).
Here, the undisputed record reflects that the bankruptcy court entered an Order granting
Chase’s Motion for Relief on June 14, 2017 (Doc. 66). Pursuant to Rule 8002, Debtor had until
June 28, 2017 to timely file an appeal to this Court. However, Debtor failed to file his appeal
until July 13, 2017 (Doc. 70).
Accordingly, the Appellee’s Motion to Dismiss Appeal is GRANTED. As a result,
Appellee’s Motion for Extension of Time to File Appellee’s Brief is MOOT.
IT IS SO ORDERED.
/s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: October 30, 2017

2