In re: Patricia Ann Parker
Filing
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OPINION AND ORDER directing the debtor to file with this court in writing within 14 days the reasons for her failure to pay the appropriate filing fee. Failure to do so may result in the dismissal of this appeal without further notice. Signed by Judge James P. Jones on 8/10/2015. (lml)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ABINGDON DIVISION
IN RE PATRICIA ANN PARKER,
Debtor/Appellant,
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Case No. 1:15CV00031
OPINION AND ORDER
By: James P. Jones
United States District Judge
Patricia Ann Parker, Pro Se Appellant.
By order entered June 1, 2015, the United States Bankruptcy Court for the
Western District of Virginia (the “bankruptcy court”) denied Patricia Ann Parker’s
(the “debtor”) motion to expunge prior bankruptcy filings from her credit report.
The bankruptcy court’s order both framed and addressed a one-page motion filed
by the debtor in a closed Chapter 13 bankruptcy proceeding. The debtor’s motion
is entitled a “Motion to Vacate Dissmissed [sic] Case and Close,” and appears to
request the removal of a voluntary bankruptcy filing that was filed by the debtor in
2014. Motion to Vacate, ECF No. 26, Case No. 14-bk-70983. The debtor’s
request appears to be based on her belief that filing for bankruptcy relief would
address various debts that she attributes to identity theft. She also asserts in her
motion before the bankruptcy court that the presence of her bankruptcy filing is
negatively affecting her ability to find employment.
In framing the debtor’s motion as a request to expunge the debtor’s prior
bankruptcy filings from the court records, the bankruptcy court considered whether
expungement was appropriate under section 107(a) of the Bankruptcy Code.
Section 107(a) states, in part, that “the dockets of a bankruptcy court are public
records and open to examination by an entity at reasonable times without charge.”
11 U.S.C. § 107(a). The bankruptcy court noted that section 107(b) identifies
exceptions that allow a court to enter an order to protect entities “with respect to a
trade secret or confidential research, development, or commercial information,” or
to protect persons “with respect to scandalous or defamatory matter contained in”
documents filed with the court. 11 U.S.C. § 107(b)(1)–(2). However, in denying
the debtor’s motion, the bankruptcy court concluded that none of the circumstances
identified in section 107(b) applied in this case.
On June 15, 2015, the bankruptcy court docketed the debtor’s pro se notice
of appeal. In the notice, the debtor reasserts that she was a victim of identity theft
and states that her bankruptcy filing was in error.
On June 16, 2015, the
bankruptcy court clerk entered a notice of deficiency indicating that the debtor had
not paid filing costs associated with the appeal, along with other deficiencies
associated with the debtor’s failure to identify the parties to the appeal. To date,
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the debtor has not paid the filing costs associated with this appeal. Moreover, the
only documents in the record before this court are the notice of appeal and the
designation of record on appeal.
District courts “have jurisdiction to hear appeals . . . from final judgments,
orders, and decrees . . . of bankruptcy judges entered in cases and proceedings
referred to the bankruptcy judges.” 28 U.S.C. § 158(a). “The timely filing of a
notice of appeal is a prerequisite to this court’s jurisdiction to review a final
judgment or order of the bankruptcy court.” Lowe’s of Va., Inc. v. Thomas, 60
B.R. 418, 420 (W.D. Va. 1986). Federal Rule of Bankruptcy Procedure 8002
provides that “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)(1). In this case, the notice of appeal was filed within 14 days after entry
of the bankruptcy court’s June 1, 2015 order.
In spite of the debtor’s timely notice of appeal, I cannot overlook the
debtor’s failure to pay the mandatory filing fee in this case. Fed. R. Bankr. P.
8003(a)(3)(C) (“The notice of appeal must . . . be accompanied by the prescribed
fee.”). Pursuant to Federal Rule of Bankruptcy Procedure 8003, the failure to pay
the filing fee does not “affect the validity of the appeal, but is ground only for the
district court . . . to act as it considers appropriate, including dismissing the
appeal.” Fed. R. Bankr. P. 8003(a)(2); see Lowe’s of Va., 60 B.R. at 420 (“Failure
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. . . to promptly pay the filing fee before the expiration of the . . . period for filing a
notice of appeal will not preclude the district court from exercising jurisdiction to
consider the appeal since payment of the fee is not determinative in establishing
compliance with the . . . notice requirement.”). Under these circumstances, I order
the debtor to show cause as to why this appeal should not be dismissed because of
her failure to pay the appropriate filing fee associated with this appeal. More
specifically, the debtor must submit a written response addressing this deficiency
no later than 14 days after the entry of this opinion and order or her case will likely
be dismissed. See In re Fifer, No. 7:15-cv-00163, 2015 WL 3542798, at *3 (W.D.
Va. June 4, 2015).
For these reasons, the debtor is ORDERED to file with this court in writing
within 14 days the reasons for her failure to pay the appropriate filing fee. Her
failure to do so may result in the dismissal of this appeal without further notice.
ENTER: August 10, 2015
/s/ James P. Jones
United States District Judge
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