In Re Caterbone
640 F.3d 108
| 3rd Cir. | 2011Background
- Caterbone filed a Chapter 11 petition in May 2005 and faced dismissal for cause in October 2006.
- The Bankruptcy Court dismissed the petition on October 3, 2006, and mailed the order on October 5, 2006.
- Caterbone mailed a notice of appeal on October 16, 2006; the notice was filed with the district court on October 19, 2006, outside the applicable 10-day window.
- No extension request was filed before expiration, nor did the court grant an extension for excusable neglect following a later motion.
- The district court docketed Caterbone’s appeal on November 14, 2006, and later sua sponte dismissed it on March 15, 2007 for failure to designate record items and issues on appeal.
- The trustee moved to dismiss the appeal based on untimeliness, arguing lack of subject matter jurisdiction, which the Third Circuit later addressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether untimely notice of appeal deprives appellate jurisdiction | Caterbone argues excusable neglect saves the filing lateness under Rule 8002(c). | The Trustee and the court argued § 158(c)(2) jurisdiction is triggered by timely filing and untimeliness defeats jurisdiction. | Untimely filing is jurisdictional; dismissal affirmed and remanded for lack of jurisdiction. |
Key Cases Cited
- Bowles v. Russell, 551 U.S. 205 (Supreme Court 2007) (timely filing of a notice of appeal is a jurisdictional requirement)
- Kontrick v. Ryan, 540 U.S. 443 (Supreme Court 2004) (bankruptcy-rule time limits are sometimes non-jurisdictional acting as claim-processing rules)
- Reed Elsevier, Inc. v. Muchnick, 130 S. Ct. 1237 (Supreme Court 2010) (context determines whether a limitation is jurisdictional despite nonlabeling)
- Arbaugh v. Y&H Corp., 546 U.S. 500 (Supreme Court 2006) (text or context of a jurisdictional provision governs classification of limitations)
- Shareholders v. Sound Radio, Inc., 109 F.3d 873 (3d Cir. 1997) (Rule 8002 time limit previously treated as jurisdictional in Third Circuit)
- In re Universal Minerals, Inc., 755 F.2d 309 (3d Cir. 1985) (precedent treating bankruptcy appeal deadlines as jurisdictional)