Bankruptcy

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7^th Circuit Court of Appeals

Case Name: Randy Joseph Netzer v. Office of Lawyer Regulation et al

Case No.: 16-3236; 16-3713

Officials: BAUER, EASTERBROOK, and ROVNER, Circuit Judges.

Focus: Bankruptcy

Randy Netzer, a debtor in bankruptcy, asked the court to discharge a debt to Wisconsin’s Office of Lawyer Regulation. Bankruptcy Judge Furay concluded in this adversary proceeding that the approximately $9,200 the Supreme Court of Wisconsin imposed as costs in a disciplinary proceeding against a member of the state’s bar is a “fine, penalty, or forfeiture” under 11 U.S.C.

• 523(a)(7) and therefore is not dischargeable. 545 B.R. 254 (Bankr. W.D. Wis. 2016). 016, and Netzer had 14 days to appeal. Fed. R. Bankr. P. 8002(a)(1). He took 41, filing a notice on March 15. He asked the district judge to excuse his tardiness, contending that until a few days earlier he had not known of the bankruptcy court’s decision. But the district court dismissed the appeal as untimely. 2016 U.S. Dist. LEXIS 84260 (W.D. Wis. June 29, 2016), reconsideration denied, 2016 U.S. Dist. LEXIS 129476 (Sept. 22, 2016). The judge stated that he lacks authority to extend the time on equitable grounds, because the 14-day period is jurisdictional.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.