DocketNumber: No. CIV-8 5-1515E
Citation Numbers: 62 B.R. 514
Judges: Elfvin
Filed Date: 6/24/1986
Status: Precedential
Modified Date: 7/20/2022
MEMORANDUM AND ORDER
This matter is on appeal from the November 22, 1983 decision of United States Bankruptcy Judge McGuire. Presently pending is the motion by the appellee, Ted. W. Gleave, for an extension of time within which to file his brief on appeal. Bankruptcy Rule 8009 provides that an appellant shall serve and file his brief within 15 days after the entry of the appeal and that an appellee shall serve and file his brief within 15 days after service of the brief of the
Despite the appellee’s attorney’s irresponsible conduct, there is no evidence of any significant prejudice to the appellant. Denying leave to file the brief (which was received by this Court March 21st although an extension of time had not been granted) is too strong a penalty, particularly as it penalizes the attorney only indirectly. Nonetheless the appellant has been obliged to respond to the present motion — incurring some expense due to the appellee’s fault. This Court shall award appropriate attorney’s fees to be charged against the attorney for the appellee subject to its approval of appropriate supporting documentation. Accordingly, the appellee’s motion for an extension of time is hereby ORDERED granted to the extent that this Court will consider the previously submitted brief. The appellee is directed to serve a copy of such brief on the appellant immediately upon receipt of this Order if he has not already done so. The appellant is directed to submit for the Court’s review documentation of appropriate fees and costs incurred in connection with the present motion.