District Judge Joanna Seybert


Read Full-Text Decision

Appellant’s former wife assigned her unsatisfied divorce judgment debt to Osekavage, who obtained a lien appellant’s home. Appellant sought bankruptcy relief. Bankruptcy court granted Osekavage judgment, finding the debt a nondischargeable domestic support obligation. In April 2015 district court consolidated appellant’s appeals, and denied him a stay of the bankruptcy court’s orders. On Feb. 12, 2016, it dismissed appeal of its Jan. 15 denial of reconsideration due to appellant’s failure to file a brief under Federal Rule of Bankruptcy Procedure 8018. District court only partly granted appellant’s March 14 motion to reopen his bankruptcy appeal. Because an alternative briefing schedule was never set, the deadline for appellant’s brief was 30 days from docketing of a notice that the record on appeal was sent to district court. As no notice was docketed, appellant’s time to file his brief did not begin to run. Nor was he given notice that noncompliance would result in dismissal. Thus the court granted appellant 30 days to file a brief. However, he was warned that failure to file will result in dismissal, and that sanctions would be imposed if his appeal was unsuccessful and he continues to file appeals and motions seeking the same relief.