Mark Schwartz today filed the appeal with the U.S. Bankruptcy Court for the Middle District of Pennsylvania.

Judge Mary France on Dec. 13 ruled that the first request for appeal was filed after the 14-day window the council had following her Nov. 23 decision to dismiss the petition. The last day to file an appeal was Dec. 7, France said.

Schwartz filed the first notice of appeal on Dec. 10. He requested an extension on Dec. 11.

Four members of the council — Susan Brown-Wilson, Brad Koplinski, Eugenia Smith and Wanda Williams — in October voted to hire Schwartz and file for Chapter 9.