Background
Chryssoula Arsenis appealed a decision from the United States Bankruptcy Court for the District of New Jersey to the United States District Court for the District of New Jersey. The district court dismissed that appeal as moot. Ms. Arsenis then filed a notice of appeal to the Federal Circuit. The United States Trustee moved to transfer the appeal to the Third Circuit, while Ms. Arsenis opposed the motion and filed an emergency motion to retain jurisdiction.
The court’s reasoning
The court stated it is a court of limited jurisdiction that does not typically include authority to hear appeals originating from bankruptcy court decisions. Under the relevant statutes, appeals from the Bankruptcy Court go to the district court and then to the Court of Appeals for the regional Circuit. The court found that Ms. Arsenis had not demonstrated that her case fell within its limited jurisdiction. Where the court lacks jurisdiction and it is in the interest of justice, it will transfer an appeal to the appropriate court under Section one thousand six hundred thirty-one of Title twenty-eight of the United States Code.
What it means going forward
The appeal is now pending before the United States Court of Appeals for the Third Circuit, which has the proper jurisdiction to review the dismissal of the bankruptcy appeal.
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