In Re: Naheed Ghassemi Revocable Trust
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Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
IN RE: NAHEED GHASSEMI REVOCABLE TRUST
NAHEED GHASSEMI REVOCABLE TRUST,
Appellant,
v. Civil Action No. 1:25-cv-01979 (CJN)
8TH ST. VENTURE HOLDINGS, LLC, et al.,
Appellees.
ORDER
Before the Court is Appellee Y&R 2022, LLC’s motion to dismiss for lack of jurisdiction
an appeal from the U.S. Bankruptcy Court for the District of Columbia. ECF No. 3 (Mot.). Y&R
argues that the Appellant, the Naheed Ghassemi Revocable Trust, failed to file its Notice of Appeal
within the fourteen-day statutory window prescribed by Federal Rule of Bankruptcy Procedure
8002. The Trust opposes the motion. ECF No. 10 (Response). Upon consideration of the papers
filed by the parties, the relevant opinions and orders of the Bankruptcy Court, and the entire record
in this case, the Court grants the motion.
The Trust’s appeal arises from an adversary proceeding concerning the priority of liens on
real property located at 1111 8th Street N.E., Washington, D.C., 20002. The Naheed Ghassemi
Revocable Trust v. 8th Street Venture Holdings, LLC, Adversary Proceeding No. 22-10005. On
May 29, 2025, the Bankruptcy Court granted summary judgment for Y&R, having determined that
the Trust’s deed of trust had been validly subordinated to Y&R’s deed of trust. ECF No. 1 at 4–
1 17 (Memorandum Opinion) and 18–19 (Order). The Trust filed a Notice of Appeal twenty-five
days later, on June 23, 2025. Y&R moved to dismiss the appeal as untimely. Mot. at 1.
District courts have jurisdiction to hear appeals from “final judgments, orders, and
decrees . . . of bankruptcy judges.” 28 U.S.C. § 158(a)(1). Such appeals must be “taken . . . in the
time provided by Rule 8002 of the Bankruptcy Rules.” 28 U.S.C. § 158(c)(2). Federal Rule of
Bankruptcy Procedure 8002(a)(1) requires that a notice of appeal be filed “within 14 days after the
judgment, order, or decree to be appealed is entered.” Rule 8002 is “strictly construed and requires
strict compliance,” Riley v. Capitol Park II Condo. Ass’n, Inc., No. 18-cv-0605, 2019 WL
1432596, at *3 (D.D.C. Mar. 29, 2019) (citation omitted), and its statutory deadline is
jurisdictional, thus “depriving reviewing courts of jurisdiction over an untimely appeal.” Id. at 5
(citation omitted).
Here, it is undisputed that the Trust filed its appeal out of time. Response at 2 (“[T]he
Trust concedes that the appeal was filed more than 14 days after the grant of summary
judgment[.]”). Because the Trust failed to file within the requisite statutory window, the Court
lacks jurisdiction to consider the appeal unless an exception applies. The Trust invokes Rule
8002(d), id. at 2–3, which allows a bankruptcy judge to extend the deadline to file a notice of
appeal, but there is no indication that the Bankruptcy Court has done so. See ECF No. 11 at 3–4.
Perhaps sensing its losing hand, the Trust contends in the alternative that its appeal is
premature because the Bankruptcy Court “did not determine how much was to be awarded to Y&R
or if any moneys remain to be distributed to the Trust,” but rather “merely determined the priority
of the liens.” Id. at 2. That argument is contradicted by the plain language of the Bankruptcy
Court’s decision, which explicitly states: “Final judgment is entered in favor of Y&R on its Motion
for Summary Judgment.” ECF 1 at 19 (emphasis deleted).
2 In other words, the Bankruptcy Court conclusively determined that Y&R holds “a first in
priority lien against the real property” at issue in the dispute, id., a decision the Trust decided to
seek relief from. But the Trust failed to timely appeal that decision, and that delay is fatal because
Rule 8002’s deadline is jurisdictional. In re Riley, 2019 WL 1432596, at *5.
Accordingly, it is
ORDERED that Appellee Y&R 2022, LLC’s Motion to Dismiss is GRANTED, and it is
further
ORDERED that this case is DISMISSED for lack of jurisdiction.
The Clerk’s Office is directed to terminate this case.
SO ORDERED.
DATE: January 21, 2026 CARL J. NICHOLS United States District Judge
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