Chapter 9 Bankruptcy Appeal Process Over
The Appellees win. That is, Dauphin County, the Commonwealth of PA, and the Office of the Mayor of Harrisburg.
Today, the United States Court of Appeals for the Third Circuit Court granted the Appellees’ Motions for Summary Disposition which means Mark Schwartz’ appeals are over. Initially he attempted to appeal Judge Mary France’s November 23, 2011 decision to dismiss the City of Harrisburg’s petition for Chapter 9 Municipal Bankruptcy, but he missed the deadline and was not allowed to file his appeal. He then proceeded to appeal that decision, which resulted in another denial by Judge Sylvia Rambo. So, Schwartz appealed that decision in the Third Circuit Court.
Initially filed by Dauphin County and followed by the State and the Office of the Mayor, they succeeded in their intention of having the case ended.
Technically, Schwartz could move for reconsideration by the Third Circuit Court, but that is a discretionary decision by the Court and not probable considering the judges’ decisions throughout this process.
Schwartz could also file what is known as a Petition for Writ of Certiorari requesting that the Supreme Court of the United States review the process. Again, though, this would be at the Supreme Court’s discretion since it is not required that the Supreme Court hear the appeal. The Supreme Court gets a plethora of these petitions a year, and it seems unlikely it would be granted in this case.
Thus, this path to the City of Harrisburg declaring bankruptcy is over.
Also, in this recent Order, the Third Circuit Court denied the requests for the County’s, State’s, and Mayor’s appeal process legal fees to be paid by Mark Schwartz as well as Schwartz’ counter motion for damages. Each party pays its own fees. Well, the taxpayers pay.
Read: Third Circuit Order