In Rosenberg v. DVI Receivables XIV, LLC, 818 F.3d 1283 (11th Cir. 2016) (No. 14-14620), plaintiff filed an adversary complaint against defendants under the section of the Bankruptcy Code, 11 U.S.C. § 303(1), that provides a debtor remedies when a creditor files an improper involuntary petition against it. The case was initially filed in the bankruptcy court, but was moved to the district court after the court granted a motion to withdraw the reference. Following a trial in the district court, the jury awarded plaintiff more than $6 million in damages. Twenty-eight (28) days later, defendants filed a post-judgment motion under Fed. R. Civ. P. 50(b), which the district court granted and reduced the judgment to $360,000. On appeal, plaintiff argued that defendants’ Rule 50(b) motion was untimely because, although FRCP 50 states that such motion shall be filed no later than 28 days after entry of judgment, the Federal Bankruptcy Rules require that any post-trial motion be filed within 14 days after the entry of judgment. The Eleventh Circuit agreed and reversed. The court held that the Bankruptcy Rule’s 14-day deadline for post-trial motions, and not the 28-day deadline under the Federal Rules of Civil Procedure, governed all proceedings arising under Title 11, even those for which the reference was withdrawn and which were tried in a district court. The court reasoned that the plain language of Bankruptcy Rule 1001 and its advisory committee notes make clear that the Bankruptcy Rules apply to all Title 11 actions brought in any court; and Fed. R. Civ. P. 81(a)(2) – providing that the Federal Rules of Civil Procedure apply to bankruptcy proceedings to the extent provided by the Bankruptcy Rules – confirms the primacy of the Bankruptcy Rules. Thus, defendants’ Rule 50 post-judgment motion was untimely and should have been denied.