In re Branham

Order This is a pro se appeal from the dismissal by the district court of the debtor's appeal to it from the bankruptcy court. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P.34(a). The matter originated as an adversary proceeding in the United States Bankruptcy Court for the Southern District of Ohio. Debtor filed his petition for relief under Chapter 7 of Title 11, United States Code on December 29, 1988. Creditor initiated an adversary proceeding seeking a determination from the bankruptcy court that the debt to the creditor was not dischargeable pursuant to 11 U.S.C. § 523(a)(2)(B). After a trial on the matter, the bankruptcy court, in an opinion and order entered April 25, 1991, found that the debt owed the creditor was nondischargeable. Debtor filed a notice of appeal from the April 25 order on May 7, 1991. Thereafter, the creditor filed a motion to dismiss for failure to timely file a notice of appeal. The district court granted the motion to dismiss in an order entered August 14, 1991. This appeal followed.