Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer)
- Summarized by Lars Fuller , BakerHostetler
- 12 years 1 month ago
- Citation:
- Spitzauer v. Exoterm Holding D.D., et al. (In re Spitzauer), BAP No. 11-1180 (BAP 9th Cir. Jan. 27, 2014) (Not for Publication)
- Tag(s):
-
- Ruling:
- The 9th Circuit affirmed the BAP's decision affirming the bankruptcy court's order denying Appellant's second motion to extend time to file a notice of appeal. The 9th Circuit ruled that the bankruptcy court correctly denied Appellant's extension request because, even assuming a showing of excusable neglect, Appellant failed to file his request within the 21 day period required by FRBP 8002(c)(2) (time to appeal may be extended upon a showing of excusable neglect only by motion filed not later than 21 days after the expiration of the time for filing a notice of appeal). The 9th Circuit declined to address Appellant's arguments regarding the merits of his appeal.
- Procedural context:
- Ninth Circuit Court of Appeals reviewed Appellant's appeal of 9th Circuit BAP's order. Ninth Circuit BAP affirmed bankruptcy court's order. Bankruptcy court denied Appellant's second motion to extend deadline to appeal because Appellant's second motion was filed more than 21 days after expiration of deadline to file notice of appeal.
- Facts:
- Appellant filed motion to extend deadline to file notice of appeal more than 21 days after deadline to file notice of appeal had expired. (No other facts provided in opinion)
- Judge(s):
- Canby, Silverman, Paez
ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!
