Aponte v. Copley (In re Aponte)

3 Citing cases

  1. Mazza v. The Bank of N.Y. Mellon

    Civil Action 23-1876 (E.D. Pa. May. 10, 2024)

    Mazza has also included the Bankruptcy Court's docket sheet, as well as several documents filed there, in his designated record on appeal. See (Original Bankr. R., ECF Nos. 3, 3-1); In re Aponte, No. 18-5108, 2019 WL 3833469, 2019 U.S. Dist. LEXIS 138012, at *1 n.1 (E.D. Pa. Aug. 15, 2019) (citing the portions of the bankruptcy record filed on the court's docket and also taking judicial notice of the bankruptcy docket); Stevenson v. TND Homes I, LP, 583 B.R. 573, 574 n.1 (B.A.P. 1st Cir. 2018) (citation omitted). This document appears in Mazza's designated record on appeal filed on the Court's docket.

  2. Taggart v. AJX Mortg. Tr. I

    22-cv-0475-JMY (E.D. Pa. Dec. 6, 2022)

    These same principles apply to bankruptcy appeals, and “[w]here a bankruptcy case is dismissed, issues on appeal relating to that dismissed bankruptcy case are rendered moot.” Aponte v. Copley (In re Aponte), No. 18-05108, 2019 U.S. Dist. LEXIS 138012, at *7 (E.D. Pa. Aug. 15, 2019) (citing In re Ponton, 446 Fed.Appx. 427, 429 (3d Cir. 2011); (“An unchallenged dismissal of a bankruptcy case moots a dispute about a stay because the stay, to be valid, requires a pending bankruptcy case.”)

  3. In re Byrne

    BAP EB 23-029 (B.A.P. 1st Cir. Jun. 6, 2024)

    Thus, nonpayment of the filing fee is grounds to dismiss a chapter 13 case. In re Hayes, No. 23-61366, 2024 WL 994245, at *7 (Bankr. W.D. Va. Mar. 7, 2024); see also Aponte v. Copley (In re Aponte), No. 2:18-cv-05108, 2019 WL 3833469, at *3 (E.D. Pa. Aug. 15, 2019) (acknowledging that failure to pay filing fee constitutes a valid reason for dismissal of a chapter 13 case). Bankruptcy Rule 1006(b)(2) allows for the payment of the filing fee required by 28 U.S.C. § 1930(a)(1) in a maximum of four installments, with the final installment payable not later than 120 days after the filing of the bankruptcy petition. See Fed.R.Bankr.P. 1006(b)(2); see also In re Moore, No. 98-23357-K, 1998 WL 35324070, at *2 n.1 (Bankr. W.D. Tenn. Sept. 30, 1998).