In re Hurt

976 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Norma J. HURT, Debtor. SUNWAY SYSTEMS, INC., Appellant, v. NEVADA-WEST SYSTEMS, INC.; Zero, Inc.; Kachine Plywood, Inc.; Robertson Wood Products, Inc.; Intermountain Wood Products, Inc.; Canco, Inc.; Milton G. Pace; B. Spain; Perco, Ins.; Norma J. Hurt, Appellees. No. 91-16883. United States Court of Appeals, Ninth Circuit. Submitted Sept. 15, 1992. * Decided Sept. 18, 1992. Before GOODWIN, D.W. NELSON and REINHARDT, Circuit Judges. 1 MEMORANDUM ** 2 Sunway Systems, Inc. ("Sunway") appeals the Bankruptcy Appellate Panel's (BAP) denial of its Fed.R.Civ.P. 60(b) motion to set aside the BAP's dismissal of its appeal. The BAP dismissed Sunway's appeal for failure to prosecute based on Sunway's failure to file a response to the BAP's order to show cause why the appeal should not be dismissed as untimely. We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we reverse and remand. 3 * Background 4 On…