In Re Ben Allustiarte and Linda Allustiarte, Debtors. Gregory R. Allustiarte, Allustiarte Brothers (A Partnership) v. Dennis M. Hauser

ORDER

The memorandum disposition filed April 22, 1988 is redesignated a Per Curiam Opinion.

OPINION

Ben and Linda Allustiarte (Allustiartes), pro se, appeal from a district court order dismissing their appeal from the bankruptcy court for lack of jurisdiction based upon a late filing of their appeal. The Allust-iartes sought to appeal the bankruptcy court’s order authorizing payment of compensation to the interim trustee. We reverse.

FACTS and PROCEEDINGS

On September 5, 1985, bankruptcy court Judge Dahl granted Dennis Hauser’s request for compensation for services rendered as the interim trustee. The order was not entered on the bankruptcy court’s docket sheet. On December 23, 1985, the Allustiartes filed a notice of appeal. On September 17, 1986, the district court dismissed the appeal as untimely under Rule 8002 of the Federal Rules of Bankruptcy. The Allustiartes timely filed this appeal.

DISCUSSION

Rule 8002(a) of the Bankruptcy Rules provides that “[t]he notice of appeal shall be filed with the Clerk of the bankruptcy court within 10 days of the date of entry of the judgment, order or decree appealed from.” Every judgment entered must be set forth on a separate…