DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193413P.pdf 08/05/2021 FishDish, LLP v. VeroBlue Farms USA, Inc.
U.S. Court of Appeals Case No: 19-3413
and No: 19-3487
U.S. District Court for the Northern District of Iowa - Ft. Dodge
[PUBLISHED] [Loken, Author, with Grasz and Kobes, Circuit Judges]
Civil case - Bankruptcy. Bankruptcy Rule 8002's 14-day deadline is
mandatory, but it is not jurisdictional; as it is undisputed that
appellant FishDish missed the mandatory 14-day time limit, the district
court's order dismissing the appeal of the Claim Objection Order is
affirmed; the district court erred in applying the doctrine of equitable
mootness to dismiss FishDish's appeal of the Plan Confirmation Order
without first making at least a preliminary review of the merits of
FishDish's appeal to determine the strength of its claims, the amount of
time that would likely be required to resolve the merits of those claims
on an expedited basis, and the equitable remedies available, including
possible dismissal, to avoid undermining the plan and thereby harming
third parties; the issue of whether FishDish lacks bankruptcy standing
because it is not a person aggrieved should not be decided on this record;
remanded with directions.