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In re Agway, Inc.

6:09-CV-1049 (N.D.N.Y. Aug. 5, 2011)
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In re Agway, Inc.

1 Citing case

  1. Burgos v. Pergament

    No. 11-cv-5257(JFB) (E.D.N.Y. Sep. 10, 2012)   Cited 7 times
    Finding the pro se appellant's "[l]ack of familiarity with the rules is not a sufficient explanation to constitute excusable neglect" and stating that appellant's "alleged inability to comprehend and adhere to the requirements of Rule 8009 is particularly inexcusable in light of her compliance with other procedural requirements, including her timely filing of the notice of appeal"

    As a threshold matter, appellant failed to list either of these issues on her Statement of Issues (A. 5-6), thereby waiving the issues. See Ogle v. IRS (In re Agway, Inc.), 6:09-CV-1049, 2011 U.S. Dist. LEXIS 86774, at *7 (N.D.N.Y Aug. 5, 2011). In an abundance of caution, however, the Court reaches the merits of these issues and affirms the Bankruptcy Court's judgment.