New Era Prof'l Prep Servs. LLC v. Unity Bank

MEMORANDUM AND ORDER New Era Professional Prep Services, LLC, filed this appeal challenging an order of the United States Bankruptcy Court for the Eastern District of New York dismissing its Chapter 11 bankruptcy petition. The United States Trustee moved to dismiss the appeal as untimely. See Notice of Mot. to Dismiss (Dkt. #3). New Era has now filed an emergency motion “to stay the foreclosure sale” of real property that it owns, which is scheduled for tomorrow, December 10, 2024. Emergency Mot. for Order to Show Cause to Stay Foreclosure Sale (“Emergency Mot.”) (Dkt. #9). Because New Era’s underlying appeal was untimely filed in violation of Federal Rule of Bankruptcy Procedure 8002(a)(1), the United States Trustee’s motion to dismiss this appeal is granted. New Era’s stay motion is denied as moot. BACKGROUND New Era filed a Chapter 11 bankruptcy petition on June 23, 2024. Chapter 11 Voluntary Pet., In re New Era Pro. Prep Servs., LLC, 24-BK-72446 (LAS) (Bankr. E.D.N.Y. June 23, 2024) (“Bankr. Dkt.”), ECF No. 1. The company owns a piece of real property located at 330 Central Avenue, Deer Park, New York, which is subject to a judgment of foreclosure and sale dated April 3, 2024. The property had been scheduled to be sold at a foreclosure sale on June 24, 2024 — the day after New Era filed for bankruptcy. See Affirm. in Supp. of Emergency Mot. (“Affirm.”)