Bankr. L. Rep. P 76,210 in Re W. David Weston, Debtor. Richard N. Bigelow v. Herbert Stoltenberg

OVERVIEW

Attorney Richard N. Bigelow appealed pro se to the district court an order of the bankruptcy court imposing sanctions on Bigelow and his clients Harold Masunaga and Yukio Ayabe based on their failure to appear at a scheduled deposition. The district court dismissed Bigelow’s appeal as untimely. Bige-low appeals, contending a motion for rehearing filed by Masunaga and Ayabe in the bankruptcy court tolled the time limitation for filing a notice of appeal. We agree, and reverse.

FACTS AND PRIOR PROCEEDINGS

This appeal arises from an adversary proceeding commenced in a Utah bankruptcy court. As part of the adversary action in that case, appellees Stoltenberg et al. noticed the deposition of non-parties Masunaga and Ayabe. At appellees’ request, subpoenas duces tecum were issued by the Hawaii bankruptcy court and served on Masunaga and Ayabe requiring them to appear with certain documents for oral deposition on February 10, 1992 in Honolulu, Hawaii. On February 10, Bigelow, acting as attorney to Masunaga and Ayabe, filed a motion with the Hawaii bankruptcy court to terminate discovery, and on Bigelow’s advice, Masunaga and Ayabe did not appear for the deposition. At a…