Groshong

Trigny Corp. v. Groshong

Good Law
19 F. App'x 727
United States Court of Appeals for the Ninth CircuitOctober 5, 2001No. 00-35224; D.C. No. CV-99-01377-BJRCalifornia591 words

Opinion

Lead Opinion

MEMORANDUM ***

Harvey Cherewick, president of Trigny Corporation, the debtor in bankruptcy, appeals from an order of the district court dismissing his appeal from an order of the bankruptcy court holding him in contempt for failing to comply with discovery. The district court found that Cherewick had failed to perfect his appeal within the time provided by Bankruptcy Rule 8006. 1 Our review of the district court’s order of dismissal for noncompliance with nonjurisdictional bankruptcy rules is for abuse of discretion. In re *729 Edward Fitzsimmons v. M. Nolden, 920 F.2d 1468, 1471 (9th Cir.1990).

On August 10, 1999, the bankruptcy judge entered an order of civil contempt against Cherewick requiring him to produce documents and appear for examination. On August 23, 1999, Cherewick filed a notice of appeal and moved for a stay of the order pending appeal. The bankruptcy judge denied the stay and Cherewick appealed. On October 6, 1999, the district court denied the motion for a stay, noting that “the issuance of a stay would clearly continue an already serious delay in this matter and would be injurious to the interests of the creditors on whose behalf the information is being…

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