Anderson

Anderson v. Mouradick

Good Law
13 F.3d 326·1994 WL 1489
United States Court of Appeals for the Ninth CircuitJanuary 5, 1994Nos. 92-16082, 92-16086California1,848 words

Opinion

Lead Opinion

Hatfield, J.

W. Bartley Anderson appeals from the Bankruptcy Appellate Panel’s (“BAP”) order dismissing his appeals from the bankruptcy court for lack of jurisdiction. The BAP held Anderson’s notices of appeal were not filed within the thirty day period provided by Rule 8002(c), Fed.R.Bankr.P. We affirm.

BACKGROUND

On August 21, 1991, the bankruptcy court issued a final order disallowing Anderson’s administrative claims against the debtors’ bankruptcy estates. 1 On September 18, *327 1991, Anderson moved the bankruptcy court, pursuant to Rule 8002(c), to extend the time for filing notices of appeal. The bankruptcy court eventually entered an order on November 5, 1991, granting Anderson until November 8, 1991, within which to file the notices. Anderson filed notices of appeal on November 7, 1991.

On March 27, 1992, the BAP entered a conditional order of dismissal, raising, sua sponte, a jurisdictional question concerning the timeliness of the notices of appeal. On May 13, 1992, Anderson filed a motion requesting the BAP afford him relief under the “unique circumstances” doctrine.

On May 19, 1992, the BAP entered a final order dismissing the appeals for lack of jurisdiction. The BAP…

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