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Rule 8002

Empresas Martínez Valentín Corp.,In re--PC Puerto Rico, LLC v. Empresas Martínez Valentín Corp.,

Ruling
Appeal of damages award dismissed as untimely. (1st Cir.)
Issue(s)
Time for Filing Notice of Appeal; In General; Fourteen-Day Period.

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Commercial opinion summary, case decided on January 28, 2020 , LexisNexis #0320-050

In re Sobczak-Slomczewski

Ruling
Appeal of judgment of nondischargeability properly dismissed as time-barred.
Issue(s)
Did the district court err in dismissing debtor’s appeal of finding of nondischargeability as untimely?

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Court :
Consumer opinion summary, case decided on June 13, 2016 , LexisNexis #0716-029

Wilson v. Moss (In re Wilson)

Ruling
Extension of time to appeal bankruptcy court order denied in absence of excusable neglect.
Issue(s)
Whether a debtor was entitled to an extension of time for filing a notice of appeal on the basis of excusable neglect under Fed. R. Bankr. P. 8002(d)(1)(B).

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Consumer opinion summary, case decided on June 04, 2015 , LexisNexis #1115-034

In re Ateco Inc.

Ruling
Extension of time for creditor to appeal denied in absence of excusable neglect.
Issue(s)
Did disallowed creditor establish excusable neglect that would justify extension of time to file an appeal?

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Commercial opinion summary, case decided on April 14, 2015 , LexisNexis #0515-034

Larson v. Bayer (In re Bayer)

Ruling
Creditor denied extension of time to file appeal of judgment that their claims were nondischargeble in absence of excusable neglect.
Issue(s)
Were creditors entitled to an extension of time to appeal the judgment that their prepetition claims were dischargeable?

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Consumer opinion summary, case decided on March 23, 2015 , LexisNexis #0415-069

In re Mongelluzzi

Ruling
Appeal ruled timely filed despite technical noncompliance with local rules.
Issue(s)
Should appeal be dismissed where debtor's filed by facsimile but failed to timely file follow-up hard copy in accordance with local rules?

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Consumer opinion summary, case decided on August 05, 2014 , LexisNexis #0914-105

In re Sanibel Diamond Store LLC

Ruling
City's motion for stay pending appeal of debtor's liquidation sale denied.
Issue(s)
Was creditor city entitled to a stay pending appeal of the bankruptcy court's order authorizing debtor to conduct a liquidation sale with the assistance of a liquidator consultant and of the court's interim order granting the Debtor's emergency motion to compel the City to comply with the provisions of the sale order?

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Commercial opinion summary, case decided on March 05, 2014 , LexisNexis #0614-069

Smith v. Garley (In re Berman-Smith)

Ruling
District court lacked jurisdiction to hear untimely appeal.
Issue(s)
Did district court lack jurisdiction to hear the debtor's appeal from the bankruptcy court due to failure to file a timely notice of appeal.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 16, 2013 , LexisNexis #0114-032

In re Noticing Procedures of Cain & Herren

Ruling
Extension of time to appeal order for disgorgement of fees granted due to excusable neglect.
Issue(s)
Was law firm's failure in multiple cases to give proper notices to creditors grounds for disgorgement of fees and remedial action.

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Commercial opinion summary, case decided on August 01, 2013 , LexisNexis #0913-070

Pemstein v. Pemstein (In re Pemstein)

Ruling
Extension of time to appeal dismissal of adversary proceeding granted due to debtor's excusable neglect.
Procedural posture

Debtor filed a motion pursuant to Fed. R. Bankr. P. 8002(c)(2) for extension of time to file a notice of appeal of the court's order dismissing the debtor's complaint in this adversary proceeding.

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Consumer opinion summary, case decided on July 02, 2013 , LexisNexis #0713-139