Arrowhead Estates Development Co. v. United States Trustee (In re Arrowhead Estates Development Co.)
Opinion
Lead Opinion
Hawkins, J.
We consider here the timing of notices of appeal. In these appeals, certain of the parties filed notices of appeal after the bankruptcy trial court rendered its oral decision but before the entry of a formal order in the court docket. Because of this timing, the Bankruptcy Appellate Panel for the Ninth Circuit (“BAP”) did not reach the full merits of these appeals. Given the choice, we opt for a consideration of the parties’ claims on their merits and we return them to the courts below to do just that.
In the first of these appeals, Arrowhead Estates Development Co. (“Arrowhead”) appeals from an order of the BAP dismissing its appeal as untimely. In the second, William H. Fisher (“Fisher”) appeals the BAP’s decision that it had jurisdiction to consider his appeal regarding his motion for reconsideration, but not to consider his appeal of the judgment underlying that motion. For the reasons set forth below, we reverse the BAP’s determination in Arrowhead and affirm in part and reverse in part the BAP’s ruling in Jarrett. We remand both eases for further proceedings consistent with this opinion.