Rayner v. Reeves (In re Reeves)
- Citation:
- 10th Circuit Court of Appeals (Case No/ 11-1574) Entered - November 21, 2012
- Tag(s):
-
- Ruling:
- AFFIRMATION of the 10th Circuit Bankruptcy Appellate Panel's (BAP) ruling denying debtor, Arthur James Reves, an extension of time to file a notice of appeal.
- Procedural context:
- Debtor is appealing a bankruptcy court decision that denied his request by motion to extend the time to file a notice of appeal. The request for an extension was filed the day before the deadline to file the notice of appeal. The BAP affirmed the bankruptcy court's ruling and this appeal followed.
- Facts:
- Since 2001, debtor has been involved in lengthy civil litigation actions in Wisconsin state court with creditor, Lawrence Rayner. When the debtor filed for bankruptcy, the creditor filed a non-dischargeability action against the debtor for two debts (1) debt for criminal restitution and (2) debt arising from a judgment entered against debtor. The criminal restitution was deemed non-dischargeable and subsequently, the second judgment entered against the debtor was also held as non-dischargeable by the bankruptcy court. Debtor had until June 17, 2011 to file a notice of appeal, however, the day before the June 17 date, debtor filed a motion for extension of time to file a notice of appeal.
- Judge(s):
- Lucero, Tymkovich and Holmes.
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