Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 Case No.: 26-cv-01045-DMS-JAC 9 IN RE CARLA MCEWEN, 10 Debtor, Bankruptcy No.: 25-03821-JBM13 11 CARLA MCEWEN, ORDER SETTING DEADLINE 12 Appellant, AND DISCHARGING 13 v. ORDER TO SHOW CAUSE 14 SANTANDER CONSUMER USA INC. doing business as CHRYSLER 15 CAPITAL, 16 Appellee.

17 On February 18, 2026, Appellant Carla McEwen filed a notice of appeal pursuant to 18 28 U.S.C. § 158, seeking review of a judgment by the United States Bankruptcy Court, 19 Southern District of California. (ECF No. 1). The Court subsequently issued a briefing 20 order with the record to be perfected no later than April 6, 2026, and Appellant’s opening 21 brief to be filed no later than May 4, 2026. (ECF No. 2). On April 10, 2026, the Court 22 received a Notice of Unperfected Appeal. (ECF No. 3). On April 16, 2026, the Court 23 received a Supplemental Transmittal of Appeal containing Appellant’s Designation of 24 Record on Appeal. (ECF No. 4). On April 22, 2026, the Court received another 25 Supplemental Transmittal of Appeal containing a notice of errors or deficiencies due to a 26 failure to include docket numbers with each designated item. (ECF No. 5). On June 24, 27 2026, the Court issued an Order to Show Cause (“OSC”) requesting Appellant explain why 28 1 the appeal should not be dismissed for failure to perfect the record and file an opening 2 brief. (ECF No. 11). Appellant responded, attributing her noncompliance to significant 3 personal hardship, confusion of several related proceedings, and uncertainty regarding how 4 to perfect the record, requesting an opportunity to cure any remaining deficiency. (ECF 5 No. 12 at 3–4, 8, 10). Appellant simultaneously filed her opening brief with an attached 6 appendix. (ECF No. 13). However, the record on appeal has still not been perfected or 7 transmitted to the Court. (See ECF Nos. 3, 4, 5). 8 Under Federal Rule of Bankruptcy Procedure 8009, Appellant is required to perfect 9 the record by filing a designation of the items to be included with the bankruptcy clerk, 10 along with a statement of the issues to be presented. Fed. R. Bankr. P. 8009(a)(1)(A); see 11 id. at (a)(4) (listing specific documents that must be included). Appellant must also order 12 any transcripts they consider necessary for the appeal or notify the bankruptcy clerk they 13 will not be ordering any transcripts.1 Id. at (b)(1). “The burden of providing an adequate 14 record on appeal is on the appellant.” In re Drysdale, 248 B.R. 386, 388 (B.A.P. 9th Cir. 15 2000). Here, Appellant’s designation was deficient because it described categories of 16 documents rather than citing each item and “includ[ing] its docket number to clearly 17 identify it and facilitate proper assembly of the record on appeal.” (ECF No. 5-1 at 1; see 18 ECF No. 4-1 at 1–2). While Appellant attached an appendix to her opening brief, this is 19 not a substitute for a complete and certified record. See Fed. R. Bankr. P. 8018(b) (“[T]he 20 appellant must serve and file with its principal brief an appendix containing excerpts from 21 the record.”); In re Clinton, 449 B.R. 79, 83 (B.A.P. 9th Cir. 2011) (noting that pro se 22 litigants in bankruptcy proceedings are not excused from complying with procedural rules). 23 The Court has discretion in addressing Appellant’s failure to perfect the record. See Fed. 24 R. Bankr. P. 8003(a)(2) (“An appellant’s failure to take any step other than timely filing a 25 26 1 Appellant requests that the Court order the preparation of properly certified transcripts. (ECF No. 12 at 27 12). However, it is Appellant’s duty to order transcripts and any argument that they do not properly reflect what occurred “must be submitted to and settled by the bankruptcy court.” Fed. R. Bankr. P. 8009(b)(1), 28 1 ||notice of appeal does not affect the appeal’s validity, but is ground only for the district 2 ||court ... to act as it considers appropriate ....”). Accordingly, Appellant is ORDERED 3 || to perfect the record by August 14, 2026. Upon perfection of the record, the Court will set 4 || further deadlines. The Order to Show Cause is hereby DISCHARGED. 5 IT IS SO ORDERED. 6 || Dated: July 13, 2026 2» J \ 7 porn Yn - 8 Hon. Dana M. Sabraw 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28