In Re: Royal Alice Properties, LLC, No. 2:2021cv01633 - Document 3 (E.D. La. 2022)

Court Description: ORDER AND REASONS: For the reasons set forth in document, Arrowhead's appeal of the Bankruptcy Court's order is DISMISSED. Signed by Judge Sarah S. Vance on 9/26/2022.(mm)

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In Re: Royal Alice Properties, LLC Doc. 3 Case 2:21-cv-01633-SSV-DMD Document 3 Filed 09/26/22 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA IN RE ROYAL ALICE PROPERTIES, LLC CIVIL ACTION NO. 21-1633 SECTION “R” (3) ORDER AND REASONS On August 26, 2021, Arrowhead Capital Finance, Ltd. (“Arrowhead”) filed a notice of appeal contesting the August 11, 2021 order of the United States Bankruptcy Court for the Eastern District of Louisiana approving a final fee application in the underlying proceeding, In re Royal Alice Properties, LLC, 19-bk-12337 (Bankr. E.D. La. 2021). 1 The Bankruptcy Court has notified this Court that a designation of record was never filed in this matter.2 Indeed, there is nothing in the record to suggest Arrowhead has taken any actions to pursue this appeal in over a year. Rule 8009 of the Federal Rules of Bankruptcy Procedure requires an appellant to file a designation of record on appeal within 14 days of filing the notice of appeal. “Rule 8001(a) gives a district court the authority to dismiss a bankruptcy appeal for failure to comply with procedural rules.” In re McDonald, 327 F. App’x 491, 492 (5th Cir. 2009). Accordingly, a “district 1 2 R. Doc. 1. R. Doc. 2. Dockets.Justia.com Case 2:21-cv-01633-SSV-DMD Document 3 Filed 09/26/22 Page 2 of 2 court . . . ‘may dismiss a bankruptcy appeal for failure to file a designation of record or statement of issues on appeal.’” In re Heisler, No. 22-47, 2022 WL 1027122, at *2 (E.D. La. Apr. 6, 2022) (quoting Matter of Thompson, 140 B.R. 979, 982 (N.D. Ill. 1992), aff’d, 4 F.3d 997 (7th Cir. 1993)). For the foregoing reasons, Arrowhead’s appeal of the Bankruptcy Court’s order is DISMISSED. New Orleans, Louisiana, this _____ 26th day of September, 2022. _____________________ SARAH S. VANCE UNITED STATES DISTRICT JUDGE 2

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