Weaver v. Harmon Law Offices, P.C.
Docket: No. 09-8004
Court: Court of Appeals for the First Circuit; April 6, 2009; Federal Appellate Court
Defendants are attempting a second direct appeal from a bankruptcy court order under 28 U.S.C. 158(d)(2), following a previous denial due to significant jurisdictional concerns. The court expressed apprehension that allowing the appeal could undermine the purposes of section 158(d), especially given the existence of numerous similar cases in the Bankruptcy Court for the District of Massachusetts. Instead of waiting for a clearer case to arise, the defendants sought to address procedural issues by moving for reconsideration of the interlocutory order, leading to further complications. The court acknowledged that while the issue raised by the defendants—whether postponing a mortgage foreclosure sale during bankruptcy violates the automatic stay—might be significant, their failure to file a timely notice of appeal on the underlying summary judgment decision precluded a direct appeal at this time. Citing precedent, the court emphasized that a late appeal from a denial of a post-judgment motion does not revive the right to contest the original judgment. Consequently, the court denied the request for a direct appeal, instructing the Clerk to forward the case to the district court for consideration of the defendants' petition for an interlocutory appeal. The subdivision specifies that the appropriate court of appeals has jurisdiction over appeals from bankruptcy court judgments, orders, and decrees, including interlocutory orders, provided certain conditions are met. These conditions include obtaining leave from the district court or bankruptcy appellate panel, and making necessary certifications by the involved parties. The jurisdictional issue at hand was whether the court could exercise jurisdiction despite the appellant's failure to file a timely notice of appeal or to seek permission for the appeal. Key issues identified included the bankruptcy court incorrectly transmitting the notice of appeal and motion for leave to this court instead of the district court, and the defendants' failure to timely file a petition for direct appeal as mandated by bankruptcy procedural rules.