Marcel's Tanning Salons, Inc. v. Tanya C. Bennett

Counter-Claimant's appellate brief to U.S. District Court


In bankruptcy adversary proceeding, parties and court established a scheduling order for filing of dispositive motions. The order included deadlines for filing of motions and responses thereto.

Debtor filed motion to dismiss and, pursuant to local rule, issued notice of motion/opportunity to object with purported deadline that was before deadline established by scheduling order. Bankruptcy Court granted motion to dismiss before response deadline set out in scheduling order, and denied Creditor's motion to vacate order of dismissal.

On appeal, U.S. District Court reversed Bankruptcy Court's dismissal and held deadlines established by scheduling order could not be modified by a party's "deadline" contained in notice of motion served pursuant to local rule.

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Reference Info:Appellate Brief | Federal, 7th Circuit, Indiana | United States

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