Bankruptcy

No Mailbox Rule for Non-Prisoners, exclaims The Fifth Circuit

Debra Lohri’s notice of appeal from the bankruptcy court to the district court arrived at the office of the bankruptcy clerk a few days after the due date.The judgment of dismissal for want of jurisdiction is AFFIRMED.

SMITH, JERRY E.

WIENER, JACQUES L. (JR.)

WILLETT, DON R.

Debra Lohri’s notice of appeal from the bankruptcy court to the district court arrived at the office of the bankruptcy clerk a few days after the due date.

She appeals the dismissal of that appeal, contending that we should expand the “mailbox rule” to make it available beyond just prisoners.

Rule 8002 of the Federal Rules of Bankruptcy Procedure, entitled “Time for filing Notice of Appeal,” includes an exception, in subsection (c), for “Appeal by an Inmate Confined in an Institution.”

Lohri is not an inmate, so the usual rule applies to her. In Wright v. Kite Brothers, L.L.C. (In re Kite), 710 F. App’x 628, 631−32 (5th Cir. 2018) (per curiam), we carefully explained that Rule 8002 is jurisdictional. See Dorsey v. U.S. Dep’t of Educ., 870 F.3d 359, 362 (5th Cir. 2017); Smith v. Gartley (In re Berman-Smith), 737 F.3d 997, 1003 (5th Cir. 2013).

The judgment of dismissal for want of jurisdiction is AFFIRMED.

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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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