Hansjurgens v. Bailey (In re Bailey)

Citation:
Hansjurgens v. Bailey (In re Bailey), Case No. 4:11-cv-00202 (11th Cir. June 11, 2013) (unpublished) (per curiam)
Tag(s):
Ruling:
11th Circuit affirmed District Court's dismissal of pro se debtor's appeal, where debtor did not establish "excusable neglect" sufficient to overcome his failure to file a notice of appeal in a timely manner, pursuant to F.R.B.P. 8002(c)(2).
Procedural context:
Appeal from the U.S. District Court for the Southern District of Georgia dismissing pro se debtor's appeal of a final judgment of the Bankruptcy Court, for failure to file a timely notice of appeal.
Facts:
Pro se debtor filed his notice of appeal 22 days after the Bankruptcy Court's final judgment issued, and 8 days after the deadline to file a notice of appeal expired, pursuant to FRBP 8002. Debtor argued that the deadline should be extended for “excusable neglect” because he relied on his former attorney's erroneous advice that he had 30 days to file the notice of appeal. Holding that attorney error is not sufficient to demonstrate "excusable neglect" under the exception to the deadline found in FRBP 8002(c), and noting that there is precedent in the 11th Circuit which requires pro se litigants to comply with procedural requirements, including deadlines, the Court affirmed the District Court's dismissal of the debtor's appeal based on lack of jurisdiction.
Judge(s):
Hull, Jordan and Anderson, Circuit Judges.

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