5th Circuit Bankruptcy Summary: In re Kollinger, No. 13-40512 (5th Cir. Dec. 31, 2013).

Kollinger was a Chapter 7 debtor who had a judgment rendered against him in an adversary proceeding.  His lawyer timely filed a notice of appeal and timely designated the record.  But, once the appeal was docketed, his attorney did not timely file his appeal brief.  In fact, he was 10 months late.  He argued that he never received notice because his e-mail address had changed.  The Fifth Circuit held that it was his duty to advise the court of the e-mail change and generally to inquire about the status of the case.  Therefore, the court affirmed the district court’s dismissal of the appeal.

Chapter 7, dismissal of the appeal, e-mail change, insolvency-insights