In re Caterbone, No. 07-2151 (3d Cir. 2011)Annotate this Case
A Chapter 11 bankruptcy petition, filed in May 2005, was dismissed; the order was mailed on October 5, 2006. Notice of appeal was sent by first-class and electronic mail on October 16, but was not filed until October 19. Despite failure to file within 10 days as required by Fed. R. Bankr. P. 8002(a), the district court docketed the appeal. In May 2007 the court dismissed the appeal for failure to comply with another rule. While appeal of the dismissal was pending, the trustee moved for dismissal for untimely filing. The Third Circuit remanded to the district court for dismissal. Unlike other bankruptcy rules, the time for appeal is incorporated into the statute (28 U.S.C. 158(c)(2) and is jurisdictional.