Delaney

Delaney v. Alexander

Good Law
29 F.3d 516·94 Daily Journal DAR 9974·1994 WL 364070·1994 U.S. App. LEXIS 17253·94 Cal. Daily Op. Serv. 5429
United States Court of Appeals for the Ninth CircuitJuly 15, 1994No. 93-16217California824 words

Opinion

Lead Opinion

Danielle Alexander, a creditor, appeals from the district court’s dismissal of her appeal as untimely from the bankruptcy court’s order authorizing the Chapter 7 trustee to abandon certain causes of action in the bankruptcy of debtor Thomas Delaney. We have jurisdiction pursuant to 28 U.S.C. § 158 (d) and affirm.

The timeliness of a notice of appeal is a question of law which we review de novo. *518 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 court’s order.” In re Mouradick, 13 F.3d 326 , 327 (9th Cir.1994); In re Slimick, 928 F.2d 304, 306 (9th Cir.1990); In re Souza, 795 F.2d 855, 857 (9th Cir.1986). “Although rule 8002 ... incorporates some flexibility, we strictly enforce its time provisions.” In re Slimick, 928 F.2d at 306 .

Parties have an affirmative duty to “monitor the dockets to inform themselves of the entry of orders they may wish to…

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