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In re Schmitz, Case No. 09-15320-11 (06/24/2010) (436 B.R. 110) -- Judge Robert D. Martin

Case Summary:
The Debtors appealed a decision of the Bankruptcy Court to the District Court, and the opposing party moved to strike certain items from the appellate record.  The motion also objected to the Debtors’ designation of issues on appeal.  The Court held that it had jurisdiction to decide issues relating to the record on appeal, and denied the two motions.  Federal Rule of Bankruptcy Procedure 8006 does not permit an appellee to strike items from the record on appeal, although the Court agreed to transmit the disputed items to the District Court separately.  Further, Rule 8006 only permits an appellee to file a statement of issues on appeal if he has filed a cross-appeal.  Since no cross-appeal had been filed, the objection was denied.

Statute/Rule References:
Fed. R. Bankr. P. 8006

Key Terms:
Motion to Strike
Record on Appeal
Statement of Issues on Appeal


Date: 
Thursday, June 24, 2010