Background
Jason Biondolillo, appearing pro se, sought to appeal a bankruptcy court order dismissing his adversary proceeding against debtor Michael Burke. The district court dismissed the appeal due to Biondolillo’s failure to file a proper appendix containing copies of documents, a table of contents, and consecutive pagination as required by local rules. Despite multiple notices of deficiency and opportunities to cure, Biondolillo failed to file a compliant appendix before the deadline.
The court’s reasoning
The court reviewed the district court’s dismissal for abuse of discretion. It found that the appendices filed by Biondolillo failed to comply with Federal Rule of Bankruptcy Procedure 8018 and Tenth Circuit Bankruptcy Appellate Panel Local Rule 8018-1. The appendices either lacked copies of documents, lacked a table of contents, or were not consecutively paginated. Although the court noted a preference for resolving cases on their merits, it found no abuse of discretion because Biondolillo failed to respond to the district court’s order granting him additional time to cure the deficiencies.
What it means going forward
The decision reinforces that pro se litigants in bankruptcy appeals must adhere to strict procedural requirements for appendices. Failure to cure deficiencies after notice will result in dismissal, even if the underlying legal claims might have merit.