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HENDEL et al v. FAY SERVICING, LLC

Docket 2:22-cv-04982, New Jersey District Court (Aug. 9, 2022)
Judge Brian R. Martinotti, presiding
Bankruptcy Appeal
DivisionNewark
Cause28:0158 Notice of Appeal re Bankruptcy Matter (BA
Case Type422 Bankruptcy Appeal
Tags422 Bankruptcy Appeal, Appeal, 422 Bankruptcy Appeal, Appeal
Plaintiff Hendel
Defendant Fay Servicing, LLC
In Re RUDOLF H. HENDEL AND CATHERINE G. LIN-HENDEL
...
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No. 12 OPINION

Document HENDEL et al v. FAY SERVICING, LLC, 2:22-cv-04982, No. 12 (D.N.J. Mar. 24, 2023)
Having reviewed the submissions filed in connection with this appeal and having declined to hold oral argument pursuant to Federal Rule of Civil Procedure 78(b), for the
The Bankruptcy Court granted Appellants’ Payoff Motion, in part, on the record.3 On June 15, 2022, Judge Sherwood entered an order, in relevant part, determining: (1) Wilmington Trust was owed between $1,559,989.01 and $1,626,979.65 less certain credits for adequate protection payments; (2) MEB was owed $537,512.21 less certain credits for adequate protection payments; and (3) Appellants were authorized to borrow $2,165,491.86 from Advisors
Appellants were instructed to submit a designation of record, a statement of issues specific to each appeal, and a brief consistent with the applicable rules, or they risk dismissal.
In re Samson., 726 F. App’x at 164 (citing Caterbone, 640 F.3d at 110-12)); Bowles v. Russell, 551 U.S. 205, 213 (2007) (finding Appellant’s failure to file a notice of appeal in accordance with the governing statute deprived the reviewing court of subject matter jurisdiction).
While this Court acknowledges Appellants difficulties in proceeding pro so, “there are no equitable exceptions to jurisdictional requirements such as the one governing the time to appeal final orders of bankruptcy courts.” Id. at 165 (citing In re Sobczack-Slomczewski, 826 F.3d 429, 432 (7th Cir. 2016); Bowles, 551 U.S. at 214).
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