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Rule 8002(c)

In re Ateco Inc.

Apr
14
2015
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
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Pemstein v. Pemstein (In re Pemstein)

Jul
02
2013
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
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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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Commercial opinion summary, case decided on February 24, 2012 , LexisNexis #0312-139
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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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Consumer opinion summary, case decided on January 19, 2012 , LexisNexis #0312-035
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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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Consumer opinion summary, case decided on September 23, 2011 , LexisNexis #1011-102
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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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Consumer opinion summary, case decided on April 01, 2008 , LexisNexis #0508-128
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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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opinion summary, case decided on August 07, 2006 , LexisNexis #0906-105
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In re Spiegel Inc.

Oct
31
2005
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
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