t filed a notice of appeal from a 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 possi

eemingly contrary and unsupported factual assertions in his most recent pleadings, which are inadmissible in these proceedings. See Rule 9017, Fed. R. Bankr. P. 9017 (rules of evidence apply to bankruptcy proceedings). See, e.g., hi re Arrow Air, Inc., No. 10-28831-BKC-AJC, 2012 WL 314192, at *2 (Bankr.

nors suggest that Rule 35 does not apply, but Epstein previously showed why this is incorrect. See Epstein's Motion, D.E. 6440 at n.4. See also Fed. R. Bankr. Proc. 7035; see also generally In re Dillon, 194 B.R. 533 (Bankr. S.D. Fla. 1996). In fact, the Intervenors make no actual or genuine effort to su

that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Fed. R. Bankr. P. 7056: Ce/otex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). 2 EFTA00595531 Case 10-02612-RBR Doc 148-1 Filed 12/14/10 Page 3 of 10 The

*112132. The bankruptcy court's confirmation order triggered an automatic 14-day stay during which Debtors could not consummate the Plan. See Fed. R. Bankr. P. 3020(e). Appellants aggressively took advantage of this period and attempted ("9] to block the implementation of the Plan. Specifically, prior

hin 15 days of the docketing of his appeal or providing for the transcript of the bankruptcy court proceedings—is grounds for a dismissal under Fed. R. Bankr. P. 8001. Bankruptcy Law > Practice & Proceedings > Appeals > Procedures [HN9] The fourth Poulis factor considers whether the conduct of the appell

nt filed a notice of appeal from a 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 possi