In Re Schimmels

85 F.3d 416 65 USLW 2012 , 34 Fed.R.Serv.3d 1596 , 96 Cal. Daily Op. Serv. 3808 In re H. Edwin SCHIMMELS; Mary Jo Schimmels, Debtors. UNITED STATES of America ex rel. Stephen RUDD; Mark Lanterman; Deborah Gibson; Henry Winburn, and Howard L. Hamby, Plaintiffs-Appellants, v. H. Edwin SCHIMMELS; Mary Jo Schimmels, Defendants-Appellees. No. 95-15974. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 11, 1996. Decided May 30, 1996. Daniel S. Kozma, Connerton, Ray & Simon, Washington, DC, for plaintiffs-appellants. Alan R. Smith, Smith & Cope, Reno, Nevada, for defendants-appellees. Appeal from the United States District Court for the District of Nevada, David Warner Hagen, District Judge, Presiding. Before HUG, Chief Judge, D. W. NELSON and FERNANDEZ, Circuit Judges. HUG, Chief Judge: 1 This case asks us to determine whether the appellants' untimely filing of their notice of appeal is excused because the bankruptcy court failed to follow the separate judgment rule of Bankruptcy Rule 9021. The appellants missed the deadline to file their notice of appeal in bankruptcy court, and the district court determined that it was accordingly without jurisdiction…