In re: Sobczak-Slomczewski

Federal 7th Circuit Court
Civil Court
Bankruptcy
Citation
Case Number: 
No. 15-1162
Decision Date: 
June 13, 2016
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing as untimely debtor’s appeal from Bankruptcy Ct.’s order finding that debtor’s 677,000 debt to creditor was not dischargeable in instant Chapter 7 bankruptcy proceeding because owner of debtor had fraudulently transferred said sum to another corporation controlled by owner. Record showed that debtor filed notice of appeal to Dist. Ct. one day after applicable 14-day deadline, and Dist. Ct. could properly find that said deadline contained in Fed. R. Bankr. P. 8002(a) was jurisdictional since said deadline was rooted in 28 USC section 158(c)(2). Moreover, although said period could be expanded by Bankruptcy Ct if request to do so is made within 21 days after expiration of 14-day deadline, debtor had failed to seek additional time from Bankruptcy Ct.