In Re Neil Lafortune and Janice Lafortune, Bankrupts. Neil Lafortune and Janice Lafortune v. Naval Weapons Center Federal Credit Union

Appellant Naval Weapons Center Federal Credit Union (Credit Union), the judgment creditor, appeals from the order of the district court affirming the bankruptcy court’s decision to set aside the constable’s sale of the appellees’ dwelling home. We reverse.

I. JURISDICTION

As a preliminary matter, we consider our jurisdiction over this appeal. At oral argument, we raised the issue whether a timely notice of appeal was filed from the judgment of the bankruptcy court “[sjince this court’s jurisdiction can only be based on a proper exercise of jurisdiction in the [district court]. . .. ” Matter of Ramsey, 612 F.2d 1220, 1222 (9th Cir. 1980).

The judgment of the bankruptcy court was entered on February 8, 1978. The notice of appeal from the judgment of the bankruptcy court was filed on February 21, 1978. The notice of appeal was thus not filed within the ten days allowed under Bankruptcy Rule 802(a). However, we take notice that the tenth day fell on a Saturday, the next day was a Sunday, and the following Monday, the 20th, was Washington’s Birthday, a legal holiday. Under Rule 6(a) of the Federal Rules of Civil Procedure, when the last day of the period for filing falls on a…