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Rule 8002

Evans v. Codilis & Stawiarski P.A. (In re Evans)

Ruling
Motion was deemed timely filed despite not being properly filed until a day after the deadline since the pro se debtor filed the motion in good faith, though not properly, within the applicable time.
Procedural posture

A pro se bankruptcy debtor's motion for summary judgment in an adversary proceeding was denied, the debtor filed a notice of appeal, and the debtor improperly moved the district court for relief from the order denying summary judgment. The motion for relief from the order was refiled with the bankruptcy court.

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opinion summary, case decided on January 27, 2006 , LexisNexis #0406-033

In re Spiegel Inc.

Ruling
Creditors were denied leave to appeal since creditors failed to show sufficient reason for failing to timely appeal or establish any other excusable neglect factors.
Procedural posture

Movant creditors sought leave to file an appeal or alternatively an enlargement of the time in which to file a notice of appeal of the bankruptcy court's decision denying their motion for reconsideration relating to the expungement of their claims against the chapter 11 debtors.

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opinion summary, case decided on October 31, 2005 , LexisNexis #0506-035