- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- 17-1407 (1st Circuit, Nov 16,2017) Published
- Tag(s):
-
- Ruling:
- In this case lies a warning to all attorneys -- the bankruptcy court did not abuse its discretion in denying the debtor's motion to extend the time for her to file an appeal. The debtor's attorney's alleged excusable neglect was garden-variety busy-ness, not an extraordinary circumstance sufficient to constitute excusable neglect.
- Procedural context:
- A fed-up Chapter 13 trustee obtained an order dismissing the debtor's Chapter 13 case following five years with no confirmed plan. The debtor's attorney missed the 14-day deadline for filing an appeal of the dismissal order by one business day (but three calendar days), filing a notice of appeal and a motion for extension of time to file the appeal on the Monday following the Friday deadline. The bankruptcy court entered a one-sentence order denying the debtor's motion for an extension of time.
- Facts:
- Sheedy, the debtor/appellant, filed a Chapter 13 bankruptcy petition in 201o, Her Chapter 13 plan remained unconfirmed for five years. The standing Chapter 13 trustee, Bankowski, filed a motion to dismiss Sheedy's bankruptcy case. Sheedy objected. After a hearing, the bankruptcy court granted the trustee's motion to dismiss the bankruptcy case.
The 14 day appeal period of 28 U.S.C. § 158(c)(2) and Fed. R. Bankr. P. 8002(a)(1) lapsed on a Friday. The following Monday, the bankruptcy entered an order closing Sheedy's bankruptcy case; and Sheedy filed a notice of appeal and a motion for extension of time for the filing of the appeal.
Sheedy's attorney claimed that the appeal was untimely due to excusable neglect resulting from his duties as the music director for a church. Bankowski objected, arguing that Sheedy knew the deadline and of his duties as a music director. The US Trustee argued that Sheedy's lawyer failed to identify any unique or extraordinary circumstances that would constitute excusable neglect. The bankruptcy court agreed with Bankowski and the US Trustee.
- Judge(s):
- Howard, Torruella, Lynch
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