Opinion
Civil Action 21-1633
09-26-2022
IN RE ROYAL ALICE PROPERTIES, LLC
SECTION “R” (3)
ORDER AND REASONS
SARAH S. VANCE UNITED STATES DISTRICT JUDGE
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). The Bankruptcy Court has notified this Court that a designation of record was never filed in this matter. Indeed, there is nothing in the record to suggest Arrowhead has taken any actions to pursue this appeal in over a year.
R. Doc. 1.
R. Doc. 2.
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 Fed.Appx. 491, 492 (5th Cir. 2009). Accordingly, a “district 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.