Estate Butler's Tire & Battery Co., Inc. v. Ferrous Financial Services

592 F.2d 1028 Bankr. L. Rep. P 67,047 In the Matter of the ESTATE of BUTLER'S TIRE & BATTERY CO., INC., Bankrupt. William A. HEADLEE, Trustee, Plaintiff-Appellee, v. FERROUS FINANCIAL SERVICES, Defendant-Appellant. No. 78-1381. United States Court of Appeals, Ninth Circuit. Jan. 18, 1979. Rehearing Denied March 29, 1979. John G. Crawford, Jr. (argued), of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for defendant-appellant. Donald W. Green, III (argued), of O'Connell, Goyak & Haugh, Portland, Or., for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before WRIGHT and GOODWIN, Circuit Judges, and JAMESON, District Judge. * EUGENE A. WRIGHT, Circuit Judge: 1 Ferrous Financial Services appeals from a district court order dismissing its bankruptcy appeal because it failed to file a notice of appeal from the bankruptcy court judgment within the 30-day period mandated by Bankruptcy Rule 802. We hold that the district court lacked jurisdiction to hear the appeal because Ferrous failed to establish that late filing of a request to extend the time for appeal was the result of excusable neglect. BACKGROUND 2 On…