Morry Waksberg, M.D., Inc. v. Levene, Neale, Bender, Rankin & Brill L.L.P. (In Re Morry Waksberg, M.D., Inc.)

MEMORANDUM

Morry Waksberg, M.D., Inc. (“the corporation”) appeals from the district court’s order dismissing its appeal from the bankruptcy court’s order granting Levene, Neale, Bender, Rankin & Brill L.L.P.’s application for compensation in underlying Chapter 7 proceedings. We have jurisdiction under 28 U.S.C. § 158 (d). We review for an abuse of discretion. Nat’l Bank of Long Beach v. Donovan (In re Donovan), 871 F.2d 807, 808 (9th Cir.1989) (per curiam). We vacate and remand.

The district court dismissed the appeal partly because of the corporation’s apparent noncompliance with Bankruptcy Rule 8006. The corporation’s principal, Morry Waksberg, had filed one of the requisite documents in his related, individual bankruptcy appeal — proceeding before the same district court and involving the same opposing party — under the mistaken assumption that it was redundant to file the same document in both cases. However, the district court gave no warning before dismissal that the corporation was procedurally delinquent. Under these circumstances, it was an abuse of discretion to dismiss the action based on procedural noncompliance. See Ehrenberg v. Cal. State Univ. (In re Beachport…