Frankel v. Harrington
Appellant: Ivan Frankel
Appellee: William K. Harrington
Trustee: Philip J. Danaher
Case Number: 1:2020cv00959
Filed: August 19, 2020
Court: US District Court for the Northern District of New York
Presiding Judge: Lawrence E Kahn
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 24, 2020 Filing 3 JUDGMENT: IT IS ORDERED AND ADJUDGED that in the above entitled action, the case is DISMISSED in its ENTIRETY, in favor of the appellee (the decision of the Bankruptcy Court is affirmed) and against the appellant, in accordance with the TEXT ORDER of the Honorable Lawrence E. Kahn, United States District Judge, dated August 24, 2020. (Copy served via regular and certified mail) (sas)
August 24, 2020 Opinion or Order Filing 2 TEXT ORDER: On August 20, 2020, Appellant filed a notice of appeal related to a bankruptcy court order dated July 15, 2020 (signed on July 14th, 2020. Docketed on July 15, 2020). Dkt. No. 1 ("Notice of Appeal"). "Under Bankruptcy Rule 8002(a)[,] an appeal from a judgment or order not made within fourteen days after entry of that judgment or order may not be considered; this time limit is jurisdictional." In re. AMR Corp., 566 B.R. 657, 663 (S.D.N.Y. 2017) (citing Fed. R. Bankr. P. 8002(a)). A lack of subject matter jurisdiction cannot be waived, and may be raised by motion or sua sponte at any time. Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 107 (2d Cir. 1997). Since Appellant did not file his notice of appeal within the fourteen-day period required by Rule 8002(a), the appeal is untimely and the Court lacks jurisdiction over it. Accordingly, the Court dismisses the appeal for lack of subject matter jurisdiction. Signed by Senior Judge Lawrence E. Kahn on August 24, 2020. (Copy served via regular mail)(sas)
August 20, 2020 Filing 1 Notice of Appeal filed by Ivan Frankel. Bankruptcy Court case number 19-90023. (Attachments: #1 Order Denying Discharge, #2 Certificate of Non-Compliance)(usbcns, )

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Appellant: Ivan Frankel
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Appellee: William K. Harrington
Represented By: Amy Judith Ginsberg
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Trustee: Philip J. Danaher
Represented By: Philip J. Danaher
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