May 31, 2016 Practice Points

Eleventh Circuit Rules in Rosenberg v. DVI Receivables XIV, LLC

The court held that a district court must apply Federal Rule of Bankruptcy Procedure 9015(c)’s 14-day filing deadline.

By Brett M. Haywood

In Rosenberg v. DVI Receivables XIV, LLC, et al. (In re Rosenberg), Case No. 11-14620, 2016 WL 1392642 (11th Cir. Apr. 8, 2016), the Court of Appeals for the Eleventh Circuit vacated a district court’s order granting the defendants-appellees’ motion for judgment as a matter of law, which, pursuant to Federal Rule of Civil Procedure 50(b), was filed 28 days after judgment was entered. On appeal, the plaintiff-appellant argued that the district court—which had withdrawn the reference—erred by applying 50(b)’s 28-day filing deadline and concluding the motion was timely. The Eleventh Circuit held that a district court must apply Federal Rule of Bankruptcy Procedure 9015(c)’s 14-day filing deadline because, among other things, Federal Rule of Bankruptcy Procedure 1001 makes the Bankruptcy Rules applicable to all cases and proceedings under the Bankruptcy Code whether before a district court or a bankruptcy court.

Brett M. Haywood – May 31, 2016