Order | Filed: May 08, 2026
| Entered: May 08, 2026
Smith-O'Neill et al v. Pryor
Bankruptcy Appeal (801) | New York Eastern
Order(Other)
ORDER: Appellant Kristin Ann Smith-O'Neill filed a notice of appeal on January 7, 2026. (See Notice of Appeal, Dkt. No. 1). On February 6, 2026, a notice was docketed in this case stating that the bankruptcy record "has been received or is available electronically," and informing Smith-O'Neill that the Appellant "must serve and file a brief within 30 days." (Notice, Dkt. No. 2); see also Fed. R. Bankr. P. 8018(a)(1) ("The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been sent or that it is available electronically."). Smith-ONeill failed to file a brief by the deadline. "If an appellant fails to file a brief on time," the district court may dismiss the appeal "on its own after notice or on the appellee's motion." Fed. R. Bankr. P. 8018(a)(4); see also In re Lynch, No. 19-2965, 2022 WL 16467, at *1 (2d Cir. Jan. 3, 2022) (affirming dismissal of bankruptcy appeal where appellant failed to file brief after receiving notice of potential dismissal). Accordingly, Smith-O'Neill shall file any outstanding portions of the bankruptcy record and any motion for relief by 5/22/2026. Failure to comply with this order will result in dismissal of this appeal without further notice pursuant to Bankruptcy Rule 8018. So Ordered by Judge Sanket J. Bulsara on 5/8/2026. (RB)
Order | Filed: April 29, 2026
| Entered: April 29, 2026
Smith-O'Neill et al v. Pryor
Bankruptcy Appeal (801) | New York Eastern
Order(Other)
ORDER re 2 Incomplete Notice of Bankruptcy Record Received
On September 8, 2025, the Bankruptcy Record was docketed in this case with a notice that the bankruptcy record received was incomplete. (Notice, September 8, 2025.) Appellant Kristin Ann Smith-O'Neill was instructed that she "must serve and file a brief within 30 days of this notice" in accordance with Federal Rule of Bankruptcy Procedure 8018 ("Bankruptcy Rule 8018"). (Id.); see also Fed. R. Bankr. P. 8018(a)(1) ("The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically.")
Over seven months have elapsed, and Appellant has failed to serve and file any brief or correct the appellate record in any way.
Bankruptcy Rule 8018 governs the filing of appellate briefs in bankruptcy appeals. Fed. R. Bankr. P. 8018. Under Bankruptcy Rule 8018(a), the appellant "must serve and file within 30 days after the docketing of the notice that the record has been transmitted or is available electronically" except where "the district court or [bankruptcy appellate panel "BAP"] by order in a particular case excuses the filing of briefs or specifies different time limits." Fed. R. Bankr. P. 8018(a).
Bankruptcy Rule 8018 further provides that "[i]f an appellant fails to file a brief on time or within an extended time authorized by the district court or bankruptcy appellate panel "BAP"], an appellee may move to dismiss the appeal--or the district court or BAP, after notice, may dismiss the appeal on its own motion." Id. 8018(a)(4); see also In re Lynch, No. 19-2965, 2022 WL 16467 (2d Cir. Jan. 3, 2022) (affirming dismissal of bankruptcy appeal where appellant failed to file brief after receiving notice of the potential dismissal).
Accordingly, Appellant Kristin Ann Smith-O'Neill shall file any outstanding portions of the bankruptcy record and its appeal by May 29, 2026. Failure to comply with this order will result in dismissal of this appeal without further notice pursuant to Bankruptcy Rule 8018.
The Clerk of the Court is respectfully directed to mail a copy of this Order to Appellant at her address of record and to record such mailing on the docket.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
Ordered by Judge Gary R. Brown on 4/29/2026. (LJ)