Better 4 You Breakfast, Inc. v. Intrepid Investment Bankers LLC

I. Background

2 On March 6, 2025, the Court entered its order and judgment in favor of defendant 3 Intrepid Investment Bankers LLC granting its motion for summary judgment against plaintiff 4 Better 4 You Breakfast, Inc. Pursuant to Federal Rule of Bankruptcy Procedure 8002(a)(1), the 5 deadline to file a notice of appeal was 14 days later -- March 20, 2025. Movant failed to file a 6 notice of appeal by that deadline. Instead, counsel filed a notice of appeal on April 2, 2025 -- 7 13 days after the appeal period had expired (two amended notices of appeal were 8 subsequently filed on April 3, 2025, to correct various technical defects). Movant now seeks 9 an extension of time under Rule 8002(d)(1)(B), under which a court may permit a late-filed notice of appeal upon a showing of excusable neglect. 11 II. Legal Standard Federal Rule of Bankruptcy Procedure 8002(d)(1)(B) permits a court to authorize an extension of the 14-day appeal deadline if “the notice of appeal was not timely filed as a result of excusable neglect.” The Supreme Court in Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P’ship, 507 U.S. 380 (1993), directed courts to consider four…