Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein)

Citation:
Weinstein v. Federal National Mortgage Association, et al. (In re Weinstein), BAP No. CO-13-017 (10th Cir. BAP October 15, 2013)
Tag(s):
Ruling:
The 10th Circuit BAP affirmed the bankruptcy court's (District of Colorado) denial of Chapter 7 debtor's motion for extension of time to file a notice of appeal. The BAP ruled that debtor failed to demonstrate that the bankruptcy court's denial of his motion for extension of time was an abuse of discretion. Debtor also failed to demonstrate excusable neglect for failing to timely file his motion for extension of time.
Procedural context:
Over thirty days after the bankruptcy court granted debtor's former wife's motion for summary judgment finding certain debts to be nondischargeable, debtor filed a motion for extension of time to file notice of appeal. The bankruptcy court denied the motion for extension of time. Debtor filed a timely notice of appeal appealing the bankruptcy court's denial of the motion for extension of time.
Facts:
Debtor and former wife dissolved marriage in 2008. Post-divorce decree litigation resulted in multiple orders and judgments being entered in state court in favor of ex-wife and against debtor. Debtor filed for Chapter 7 bankruptcy in 2012. Debtor's ex-wife commenced a timely adversary against debtor seeking to except from dischargeability an award of attorney fees in the amount of approximately $36,000 as being domestic support obligations pursuant to 11 USC 523(a)(5), or alternatively, as debts arising out of a domestric court orderpursuant to 11 USC 523(a)(15). Ex-wife filed a motion for summary judgment, which the bankruptcy court granted on January 4, 2013. Debtor filed a motion for extension of time to file a notice of appeal, and a notice of appeal, on February 7, 2013. Debtor claimed that he did not receive notice of the summary judgment until after the expiration of the fourteen day deadline to file a timely notice of appeal.
Judge(s):
Thurman, Cornish, and Karlin

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