In Re Saunders

Good Law
31 F.3d 767·94 Daily Journal DAR 9970·1994 U.S. App. LEXIS 17254·94 Cal. Daily Op. Serv. 5429
United States Court of Appeals for the Ninth CircuitJuly 15, 199493-56627California315 words

Opinion

Opinion

31 F.3d 767 In re Claude E. SAUNDERS, Debtor, Claude E. SAUNDERS, Appellant, v. BAND PLUS MORTGAGE CORP.; Fidelity Home & Loan Co.; Pacific Thrift & Loan Co.; Cut-Met Mortgage Co., Appellees. No. 93-56627. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994 * . Decided July 15, 1994. Claude E. Saunders, in pro. per. Stephen E. Jenkins, Hemar, Rousso & Garwacki, Encino, CA, for appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. PER CURIAM: 1 Claude E. Saunders appeals pro se the Bankruptcy Appellate Panel's ("BAP") decision, dismissing his appeal as untimely. We have jurisdiction under 28 U.S.C. Sec. 158 (d), and we affirm. 2 The timeliness of a notice of appeal is a question of law which we review de novo. In re Kincaid, 917 F.2d 1162, 1164 (9th Cir.1990). A "notice of appeal shall be filed with the clerk within 10 days of the date of entry of the judgment, order, or decree appealed from." Bank.R. 8002(a). "The provisions of Bankruptcy Rule 8002 are jurisdictional; the untimely filing of a notice of appeal deprives the appellate court of jurisdiction to review the bankruptcy…

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