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Climb Aboard the 11th Circuit Rollercoaster!


What's up is down and vice versa etc. etc. etc.:
At issue today is whether a federal district court is obliged to follow the Federal Rules of Civil Procedure or the Federal Rules of Bankruptcy Procedure when trying a bankruptcy case arising under title 11 of the United States Code.  In entertaining the defendants’ Fed. R. Civ. P. 50(b) motion for judgment as a matter of law after a jury trial, the district court applied the filing deadline found in the Federal Civil Rules (no later than 28 days after the entry of judgment) and thus found the motion timely.  We disagree and hold that when trying a case arising under title 11, a district court (just like a bankruptcy court) must apply the filing deadline found in the Federal Rules of Bankruptcy Procedure when addressing a Rule 50(b) motion.  Because, under the Federal Bankruptcy Rules, the defendants’ Rule 50(b) post-trial motion was untimely -- Fed. R. Bankr. P. 9015(c) requires that such motions be filed no later than 14 days after entry of judgment -- we vacate the district court’s order granting the defendants relief and remand with
instructions to reinstate the jury’s award.
Other than that, have a nice day!

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