April 15– A district court need to follow the Federal Rules of Bankruptcy Procedure rather than the Federal Rules of Civil Procedure when attempting a case arising under the Bankruptcy Code and addressing a motion for judgment regardless of the verdict, the US Court of Appeals for the Eleventh Circuit held April 8.
Judge Stanley Marcus concluded that the plain language of the rules and the weight of authority require the application of the Bankruptcy Rules to bankruptcy procedures tried in a district court. Since the defendants motion for judgment regardless of the decision was submitted after the expiration of the due date for filing such movements under the Bankruptcy Rules, the defendants motion was untimely and need to have been denied, the court stated.
The defendants Fed. R. Civ. P. Rule 50(b) motion wasnt timely and, thus, the court reversed and abandoned the district courts order, and remanded the … Read This Post