Epstein Secrets

decision of the bankruptcy court. Appellee trustee moved to dismiss the appeal for failure to prosecute under Fed. R. Bankr. P. 8001(a). Of the six Poulis factors. five weighed in favor of dismissal and one weighed against dismissal. The court took into account the possibility that appellants counsel h

he bank account involved in the underlying matter, pending resolution of this appeal. Consequently, North Shore's lengthy delay has had an impact on the Bankruptcy Division's proceedings. Thus, the Court finds that the second Poulis factor weighs in favor of dismissal. 3. History or Dostortness [HN7] The third Poulis f

his appeal. [*16] Thus, the ineffectiveness of alternative sanctions weighs in favor of dismissal. 6 Morn of North Shore's Appeal [HN11] The sixth Poulis factor considers the meritoriousness of the appellant's claim. 747 F.2d at 868. "Ordinarily, '[a] claim, or defense, will be deemed meritorious when

ld constitute a complete defense." Buccolo, 308 Fed. Appx. 574, at n.1 (quoting Poulis, 747 F.2d at 869-70). In this appeal, North Shore challenges the Bankruptcy Division's grant of summary judgment to Carroll in the amount of $115,140. North Shore also challenges the Bankruptcy Division's decision to deny its motion f

hat North Shore could successfully challenge the bankruptcy court's exercise of its broad discretion as to such matters is minimal. Thus, the final Poulis factor weighs in favor of dismissal. Cf. Buccolo, 308 Fed. Appx. 574, at n.1 ( [HN28] "[a] claim ... will be deemed meritorious when the allegations

st. LEXIS 93633, * supported by the law. See id. As such, the bankruptcy court did not err in refusing to reconsider on that basis. Upon review of the Bankruptcy Division's summary judgment and order denying reconsideration, the Court finds that the likelihood that North Shore could successfully challenge the bankruptc