Belmont

MEMORANDUM *

James and Carol Belmont (Plaintiffs) appeal the district court’s judgment affirming the bankruptcy court’s dismissal of their adversary action for failure to prosecute. Although Plaintiffs failed to file a timely appeal of the bankruptcy court’s order of dismissal, the district court had jurisdiction over the bankruptcy court’s subsequent order denying their motion for relief from judgment under Fed.R.Civ.P. 60(b). See Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441 , 1463 n. 35 (9th Cir.1992). We have jurisdiction under 28 U.S.C. §§ 158 (d) and 1291, and we reverse and remand.

We review de novo the judgment of a district court acting in its bankruptcy appellate capacity. In Re Gruntz, 202 F.3d 1074 , 1084 n. 9 (9th Cir.2000) (en banc). We review for abuse of discretion the bankruptcy court’s denial of a Fed.R.Civ.P. 60(b) motion for relief from judgment. Briney v. Burley (In re Burley), 738 F.2d 981, 988 (9th Cir.1984).

Rule 60(b)(1) authorizes relief from judgment for “excusable neglect.” Although Plaintiffs may have been surprised by the district court’s order, they were not without fault, as they left this case “unattended to ... through carelessness.’ ”…