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In re Sobczak-Slomczewski

Ruling: 
Appeal of judgment of nondischargeability properly dismissed as time-barred.
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Consumer case opionion 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.
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Consumer case opionion summary, case decided on June 04,2015, LexisNexis #1115-034

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

In re Mongelluzzi

Ruling: 
Appeal ruled timely filed despite technical noncompliance with local rules.
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Consumer case opionion summary, case decided on August 05,2014, LexisNexis #0914-105

Smith v. Garley (In re Berman-Smith)

Ruling: 
District court lacked jurisdiction to hear untimely appeal.
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Court: 5th Circuit ( ) [ Circuit Court ]
Consumer case opionion summary, case decided on December 16,2013, LexisNexis #0114-032

Pemstein v. Pemstein (In re Pemstein)

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.
Ruling: 
Extension of time to appeal dismissal of adversary proceeding granted due to debtor's excusable neglect.
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Consumer case opionion summary, case decided on July 02,2013, LexisNexis #0713-139

OBrien v. Hartnett (In re Hartnett)

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).
Ruling: 
Extension of time to appeal granted where debtor's attorneys' confusion regarding order date was excusable neglect.
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Consumer case opionion summary, case decided on January 19,2012, LexisNexis #0312-035

Howley v. Clark

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.
Ruling: 
Appeal filed one day late dismissed despite bankruptcy court's attempted extension of deadline.
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Consumer case opionion summary, case decided on September 23,2011, LexisNexis #1011-102

Swiatkowski v. CitiMortgage Inc.

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.
Ruling: 
Appeal of order lifting stay dismissed as not timely filed.
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Consumer case opionion summary, case decided on September 19,2011, LexisNexis #1011-065

In re Caterbone

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.
Ruling: 
Circuit court lacked jurisdiction to hear appeal of district court dismissal of untimely appeal.
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Consumer case opionion summary, case decided on April 04,2011, LexisNexis #0411-140

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