In Re Frank James Hill, Sally Ann Hill, D/B/A Universal Life Church, Debtors. Robert W. Myers, Trustee v. Joel C. Shekter

This is an appeal from an order of the district court which dismissed an appeal from the bankruptcy court. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

The bankruptcy action was a petition by the trustee to avoid and set aside a transfer of real property. Timely appeal was noticed from the adverse decision of the bankruptcy judge. The appeal was docketed in the district court on June 27, 1984, and notice was sent by the district court clerk that pursuant to Bankruptcy Rule 8009 the appellant’s brief was due in fifteen days and that pursuant to local practice briefs should be filed with the clerk of the bankruptcy court. The trustee failed to file a brief, which was due on July 12, 1984, and on July 19, 1984 defendants served and filed with the clerk of the district court a motion to dismiss the appeal. On the next day, July 20, 1984, the trustee (appellant) filed his brief with the clerk of the district court. The trustee did not at any time file a response to the motion to dismiss the appeal. On August 3, 1984, the defendants’ (appellees’) brief was filed with the clerk of the bankruptcy court and eventually was transferred to the clerk of the district court on September…