In Re Patricia A. Dwyer, Debtor. Patricia A. Dwyer v. Vincent J. Duffy

The Bankruptcy Appellate Panel of the Ninth Circuit (“BAP”) held that the Friday after Thanksgiving is a “legal holiday” in California, within the meaning of Rule 9006 of the Federal Rules of Bankruptcy Procedure. On de novo review, Carrillo v. Su (In re Su), 290 F.3d 1140, 1142 (9th Cir.2002), we agree and, accordingly, affirm.

Appellant Patricia Dwyer filed for bankruptcy in the United States Bankruptcy Court for the Central District of California. The bankruptcy court sent out a Notice of Chapter 7 Bankruptcy to Dwyer’s creditors and other interested parties. The Notice listed various deadlines, including the last date on which a complaint objecting to the bankruptcy could be filed, which was given as November 29, 2002, the Friday after Thanksgiving.

Appellee Vincent Duffy, who is Dwyer’s former husband, filed an objection to the bankruptcy on December 2, 2002, which fell on the Monday following Thanksgiving — three days after the deadline given in the Notice. Dwyer moved to dismiss the complaint as untimely. The bankruptcy court granted the motion, concluding that the day after Thanksgiving is not a “legal holiday” that extends the time for filing until the following Monday.…