In Re Hoag Ranches, Debtor. Hoag Ranches v. Stockton Production Credit Association

ORDER

This motion raises the question whether a Production Credit Association is an agency of the United States for the purpose of extending the appeal period to 60 days under Fed.R.App.P. 4(a)(1). We find that it is not and dismiss the appeal for lack of jurisdiction.

BACKGROUND

Hoag Ranches appeals from the order of the Bankruptcy Appellate Panel (BAP) granting appellee, Stockton Production Credit Association (SPCA), relief from an automatic stay in Hoag Ranches’ bankruptcy proceeding. The BAP entered an order on June 15, 1987, in which it noted that filing a motion for rehearing under Bankruptcy Rule 8015 would not toll the time for appeal. On June 24, 1987, Hoag Ranches filed a motion for rehearing under Bankruptcy Rule 8015. The motion was denied on July 7, 1987. Hoag Ranches filed its notice of appeal to this court on July 22, 1987, thirty-seven days after the entry of the BAP’s order granting relief to SPCA.

SPCA moves to dismiss the appeal for lack of jurisdiction because Hoag Ranches failed to file a notice of appeal within thirty days as required by Fed.R.App.P. 4(a)(1). Hoag Ranches opposes the motion on the grounds that it had 60 days in which to file a notice of…