In re Patin

Good Law
1996 WL 432328·199 B.R. 728·1996 U.S. Dist. LEXIS 12013
United States District Court, Northern District of CaliforniaJuly 25, 1996No. C-96-1585-VRWCalifornia2,211 words

Opinion

Lead Opinion

Walker, J.

ORDER

Appellee/debtor’s chapter 13 plan was confirmed by Bankruptcy Judge Jaroslovsky on July 21, 1995. Appellant IRS, which had opposed confirmation of the plan, filed a notice of appeal of the bankruptcy court’s decision on July 31, 1995. Appellant did not provide the clerk of the bankruptcy court with a copy of pleadings designated on appeal, nor did appellant pay the clerk for copying of those pleadings.

On August 15, 1995, the clerk notified appellant that it had failed to submit copies of pleadings designated on appeal and asked each party to “provide a copy of each pleading designated.” Appellee’s Response to OSC, Ex A. Appellant did nothing in response to the clerk’s notice. Apparently, nothing further happened in the case until April 17, 1996, when Judge Jaroslovsky sua *730 sponte recommended dismissal of the appeal under BLR 8011—1(b) for appellant’s failure “to complete the record on appeal * * * by supplying copies of designated record or paying for their reproduction as required by Bankruptcy Rule 8006.” On May 3, 1996, the court issued to appellant.an order to show cause why this appeal should not be dismissed for the reasons recommended by the bankruptcy court.…

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