Faria v. Hildebrand

Filing 8

ORDER denying without prejudice 4 Motion to Dismiss. Appellant is GRANTED fourteen days from the date of this Order to comply with Bankruptcy Rule 8009. Signed by Chief Judge Waverly D. Crenshaw, Jr on 1/24/2018. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
EDWARD GEORGE FARIA,

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Appellant,
v.
HENRY E. HILDEBRAND, III,
Appellee.

No. 3:17-cv-01383
CHIEF JUDGE CRENSHAW

ORDER
Before the Court is Appellee’s Motion to Dismiss this Bankruptcy Appeal for failure to
designate the record, as required by Bankruptcy Rule 8009. (Doc. No. 4.) Appellant responded
that he did not know that his Notice of Appeal was effective after the Bankruptcy Court denied his
Motion to Reconsider. (Doc. Nos. 5, 6.) Local Rule 81.01 requires the Court to summarily affirm
the opinion of the Bankruptcy Judge if the appellant does not comply with Bankruptcy Rules 8006,
8007, or 8009. However, the “late filling of a required document does not justify the dismissal of
the appeal absent a showing of bad faith, negligence, or indifference.” In re Buscemi’s Intern.,
Inc., 64 F. App’x 910, 911 (6th Cir. 2003) (citing Third Nat’l Bank v. Winner Corp. (In re Winner
Corp.), 632 F.2d 658, 660-61 (6th Cir. 1980)).
A review of the Bankruptcy Court’s docket shows that the Bankruptcy Court denied
Appellant’s Motion for Reconsideration on November 27, 2017. In re Faria, No. 3:17-bk-4384,
ECF No. 102 (M.D. Tenn. Bank.). As of the date of this Order, Appellant still has not complied
with Rule 8009. However, given Appellant’s pro se status and the fact that Appellee did not allege
“bad faith, negligence, or indifference,” the Motion to Dismiss (Doc. No. 4) is DENIED
WITHOUT PREJUDICE.

Appellant is GRANTED fourteen days from the date of this Order to comply with
Bankruptcy Rule 8009. Failure to comply with this Order may result in the case being dismissed
under Local Rule 81.01 for failure to designate the record.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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