- FRBP
In re Fisher Island Invs. Inc.
Mar
16
2012
Ruling
Dismissal of appeal vacated as Rule 8002 applied to all party appellants and appeal was timely filed.
Procedural posture
After the court dismissed an appeal as untimely under Fed. R. Bankr. P. 8002, the dismissed appellant requested reconsideration of the dismissal.
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Court
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Tucker v. Gibson (In re G&S Livestock Co.)
Feb
24
2012
Ruling
Untimely motion for leave to appeal denied absent evidence of excusable neglect.
Procedural posture
This matter came before the court upon the filing by defendants of a motion for leave to file appeal pursuant to Fed. R. Bankr. P. 8002(c)(2) and the objection filed thereto by trustee.
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Court
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- FRBP
OBrien v. Hartnett (In re Hartnett)
Jan
19
2012
Ruling
Extension of time to appeal granted where debtor's attorneys' confusion regarding order date was excusable neglect.
Procedural posture
After creditors brought a successful nondischargeability action against defendant debtor, the debtor filed a notice of appeal. The creditors filed a motion to dismiss the appeal on the grounds that it was not timely. The debtor sought an extension of the filing time based on excusable neglect pursuant to Fed. R. Bankr. P. 8002(c).
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Court
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- FRBP
In re City of Harrisburg
Dec
13
2011
Ruling
Extension of time to appeal dismissal of chapter 9 case denied absent excusable neglect.
Procedural posture
A city, through its city council, filed for chapter 9 bankruptcy. After the court dismissed the petition, the city council filed a motion under Fed. R. Bankr. P. 8002 for an extension of time to file an appeal under 28 U.S.C.S. § 158(a). The mayor and a county filed objections to the motion.
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Court
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Howley v. Clark
Sep
23
2011
Ruling
Appeal filed one day late dismissed despite bankruptcy court's attempted extension of deadline.
Procedural posture
Appellant debtor filed a motion in the United States Bankruptcy Court for the District of Kansas under Fed. R. Bankr. P. 8002(c) to extend the time to file a notice of appeal from orders of the bankruptcy court. The bankruptcy court granted the extension of time, and the debtor filed an appeal. Appellee trustee moved to dismiss the appeal for lack of subject matter jurisdiction.
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Court
:
- FRBP
Swiatkowski v. CitiMortgage Inc.
Sep
19
2011
Ruling
Appeal of order lifting stay dismissed as not timely filed.
Procedural posture
Appellee creditor filed a motion in the United States Bankruptcy Court for the Eastern District of New York, seeking relief from the automatic stay imposed under 11 U.S.C.S. § 362 in appellant debtor's Chapter 13 case. The bankruptcy court granted relief from the stay. Appellant sought review. Appellee moved to dismiss the appeal.
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Court
:
- FRBP
In re Caterbone
Apr
04
2011
Ruling
Circuit court lacked jurisdiction to hear appeal of district court dismissal of untimely appeal.
Procedural posture
Appellant debtor's Chapter 11 bankruptcy petition was dismissed. The debtor filed an untimely appeal. The appeal was docketed, and the U.S. District Court for the Eastern District of Pennsylvania dismissed the appeal for failing to comply with Fed. R. Bankr. P. 8002(a). The debtor appealed. The trustee moved to dismiss the appeal because the appeal from the bankruptcy court's order was untimely.
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Court
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Judge or Jurisdiction information not available
Flynn v. Zeitler (In re Zeitler)
Apr
01
2008
Ruling
Counsel's inadvertent calendering of appeal deadline for wrong date was not excusable neglect that would justify an extension.
Procedural posture
Defendant debtor filed a motion for an extension of time to file an appeal of an order, which granted plaintiff trustee summary judgment on a claim that the debtor's interest in a family trust was included in the bankruptcy estate and that the trustee had authority to liquidate that interest.
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Court
:
Alkek & Wiliams Oil Ltd. v. Newhouse
Aug
07
2006
Ruling
Bankruptcy court did not err in denying extension of time to file notice of appeal in absence of excusable neglect.
Procedural posture
The bankruptcy court granted summary judgment to plaintiffs, the debtor corporation's trustee and majority shareholders, and denied summary judgment to defendant minority shareholders, and later denied the minority shareholder's motion for an extension of time to file a notice of appeal under Fed. R. Bankr. P. 8002(c)(2), finding no "excusable neglect." The minority shareholders appealed.
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Court
:
- FRBP
Geiger v. Vosepka (In re Geiger)
Jun
12
2006
Ruling
Bankruptcy court's order dismissing appeal as untimely was affirmed since time of filing of notice is from actual receipt by bankruptcy clerk not from mailing.
Procedural posture
Appellee creditors filed adversary proceedings in the Bankruptcy Court for the Western District of Wisconsin, seeking to hold certain debts non-dischargeable in appellant debtor's bankruptcy case. The bankruptcy court granted the creditors'claims. The debtor filed a notice of appeal; the bankruptcy court dismissed the appeal on the grounds that the notice was untimely. The debtor sought review.
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Court
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