In Re: Royal Alice Properties, LLC

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

IN RE ROYAL ALICE PROPERTIES, CIVIL ACTION LLC NO. 21-1633

SECTION “R” (3)

ORDER AND REASONS

On August 26, 2021, Arrowhead Capital Finance, Ltd. (“Arrowhead”) filed a notice of appeal contesting the August 11, 2021 order of the United States Bankruptcy Court for the Eastern District of Louisiana approving a final fee application in the underlying proceeding, In re Royal Alice Properties, LLC, 19-bk-12337 (Bankr. E.D. La. 2021).1 The Bankruptcy Court has notified this Court that a designation of record was never filed in this matter.2 Indeed, there is nothing in the record to suggest Arrowhead has taken any actions to pursue this appeal in over a year. Rule 8009 of the Federal Rules of Bankruptcy Procedure requires an appellant to file a designation of record on appeal within 14 days of filing the notice of appeal. “Rule 8001(a) gives a district court the authority to dismiss a bankruptcy appeal for failure to comply with procedural rules.” In re McDonald, 327 F. App’x 491, 492 (5th Cir. 2009). Accordingly, a “district

1 R. Doc. 1. 2 R. Doc. 2. court... ‘may dismiss a bankruptcy appeal for failure to file a designation of record or statement of issues on appeal.” In re Heisler, No. 22-47, 2022 WL 1027122, at *2 (E.D. La. Apr. 6, 2022) (quoting Matter of Thompson, 140 B.R. 979, 982 (N.D. Ill. 1992), aff'd, 4 F.3d 997 (7th Cir. 1993)). For the foregoing reasons, Arrowhead’s appeal of the Bankruptcy Court’s order is DISMISSED.

New Orleans, Louisiana, this 26th day of September, 2022. oernk Yorer SARAH S. VANCE UNITED STATES DISTRICT JUDGE