Robert Duane Wagner filed a Chapter 13 bankruptcy case in the District of Minnesota in September 2025. After the bankruptcy court dismissed his case, Wagner filed motions to vacate the dismissal and to extend the time to appeal, both of which were denied in December 2025. Wagner filed a Notice of Appeal on December 9, 2025. The Bankruptcy Appellate Panel for the Eighth Circuit entered a briefing schedule, but on January 21, 2026, the creditor-appellee filed a Suggestion of Death indicating that Wagner had passed away. The panel suspended deadlines to allow time for a personal representative to act.
The court applied Federal Rule of Bankruptcy Procedure 8023.1, which became effective December 1, 2024. This rule provides that a decedent's personal representative may substitute as a party upon motion, or any party may file a suggestion of death if no representative exists. The rule is modeled after Federal Rule of Appellate Procedure 43, which permits courts to direct appropriate proceedings, including dismissal, when a party dies. The court noted that while the rule is new, it follows established principles seen in analogous appellate cases where appeals are dismissed when no personal representative comes forward. In this instance, the creditor filed a suggestion of death with an attached obituary showing Wagner died on January 7, 2026. Despite the suspension of deadlines, no motion for substitution was filed and no personal representative appeared to prosecute the appeal.
The appeal is dismissed without prejudice. This means the dismissal does not bar the decedent's personal representative from seeking reinstatement of the appeal in the future if they come forward. The decision leaves the underlying bankruptcy dismissal in place until a representative acts to revive the appeal.
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