Lubonty v. Barnard et al
| R Kenneth Barnard and ALS Hibiscus, LLC |
| Gregg Lubonty |
| 2:2014mc00353 |
| March 31, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Other |
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Filing
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ORDER: SO ORDERED that since, inter alia, neither appellee claims any prejudice resulting from appellant's failure to comply with Rule 8006 of the Bankruptcy Rules; the length of the delay was not extensive; appellant has since filed the Design ation and Statement with the bankruptcy court, which accepted it, before it transmitted the record on appeal to this Court; and there is no indication that appellant acted in bad faith or for the purpose of delay, the appeal will not be sua sponte di smissed pursuant to Rule 8001(a) of the Bankruptcy Rules based upon appellant's failure to comply with Rule 8006 of the Bankruptcy Rules. In light of this determination and the May 12, 2014 order denying appellant's motion for leave to appeal to this Court from the March 3, 2014 order of the bankruptcy court, the Clerk of the Court shall close this case. Ordered by Judge Sandra J. Feuerstein on 6/9/2014. (Florio, Lisa)
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Filing
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ORDER denying 1 Motion for Leave to Appeal to District Court. SO ORDERED that the appellant is hereby, ORDERED to show cause, by filing an affidavit with the Court on or before May 27, 2014, why this appeal should not be dismissed pursuant to Rule 8001(a) of the Bankruptcy Rules for failure to comply with Rule 8006 of the Bankruptcy Rules. PLAINTIFF IS ADVISED THAT HIS FAILURE TO FILE AN AFFIDAVIT IN ACCORDANCE WITH THIS ORDER WILL RESULT IN THIS APPEAL BEING DISMISSED PURSUANT TO RULE 8001(a ) OF THE BANKRUPTCY RULES WITHOUT FURTHER NOTICE. Appellant's motion for leave to appeal to this Court from the March 3, 2014 order of the bankruptcy court is denied as unnecessary and appellant is ordered to show cause, by filing an affidavit i n accordance herewith on or before May 27, 2014, why this appeal should not be dismissed pursuant to Rule 8001(a) of the Bankruptcy Rules for his failure to comply with Rule 8006 of the Bankruptcy Rules. The Clerk of the Court shall open this case as a bankruptcy appeal; serve appellant with a "Notice of Docketing Bankruptcy Appeal" in accordance with Rule 8007(b) of the Bankruptcy Rules; and serve a copy of this Order upon all parties hereto and record such service on the docket. Ordered by Judge Sandra J. Feuerstein on 5/12/2014. (Florio, Lisa)
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