Netsch v. Sherman (In the Matter of Prism Graphics, Inc.)

Case Type:
Case Status:
No. 16-10432 (5th Circuit, Dec 22,2016) Not Published

Held that the district court did not abuse its discretion in affirming the bankruptcy court’s denial of the motion to extend time. 

Procedural context:

Appellants Bryan Netsch and Intense Printing, Inc. appeal from the United States District Court's opinion affirming the bankruptcy court's denial of a motion to extend time. 


After realizing the deadline had passed, Appellants filed both a motion to extend time and an untimely notice of appeal on December 16, 2014, twelve days after the deadline. Appellants urged the bankruptcy court to extend the filing deadline for the notice of appeal under Federal Rule of Bankruptcy Procedure 8002, which permits extensions for excusable neglect. Finding that Appellants’ mistake did not constitute excusable neglect, the bankruptcy court denied the motion to extend time, and the district court subsequently affirmed. 

HIGGINBOTHAM, PRADO, and HAYNES, Circuit Judges for the 5th Circuit

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