- B.A.P. (10th Cir October 15, 2013) Case No. CO-13-017
- AFFIRMING the bankruptcy court's order denying debtor's motion for extension of time.
- Procedural context:
- Debtor appealed the bankruptcy court's order denying motion for an extension of time to file a notice of appeal.
- Debtor, Robert Loomas, filed for Chapter 7 relief on February 6, 2012. Prior to his filing, debtor dissolved his marriage and was subject to 9 post-divorce decree orders and judgments. His former spouse, Maria Freeman, filed an adversary proceedings seeking a determination that the attorney fees and costs the debtor was order to pay was non-dischargeable. On January 4, 2013, the bankruptcy court granted Freeman's motion for summary judgment. On February 7, 2013, debtor filed his Request for Extension of Time to File a Notice of Appeal and Notice of Appeal 34 days after entry of Summary Judgment indicating that he had not receive notice of the summary judgment until after the expiration of the period of appeal despite the Certificate of Notice filed by the Bankruptcy Noticing Center. The bankruptcy court denied the Debtor's Motion and thereafter, filed a timely appeal on March 4, 2013.
- Thurman, Cornish, and Karlin
In re: DIANN MARIE CATES
Summarizing by Lars Fuller
3320 in the system
9 Being Processed