Personal Electric Transports, Inc. v. Office of the United States Trustee

MEMORANDUM **

Debtor-Appellant Personal Electric Transports, Inc. and Appellants Anthony and Barbara Locricchio appeal the district court’s dismissal of Debtor’s appeal from a decision of the bankruptcy court as untimely. Because the parties are familiar with the facts and procedural history, we do not restate them here except as necessary to explain our disposition. We have jurisdiction pursuant to 28 U.S.C. § 158 (d), and we affirm.

Appellants argue that the Official Unsecured Creditors’ Committee’s (“Committee”) March 5 motion for reconsideration extended Debtor’s deadline for filing a notice of appeal. See Fed. R. Bankr.P. 8002(b). Appellants contend that Debtor’s time to file a notice of appeal began to run on March 7, the entry date of the order disposing of the Committee’s motion. Contrary to Appellants’ argument, however, Fed. R. Bankr.P. 8002 is inapplicable. First, the Committee’s motion was untimely under Fed.R.Civ.P. 59 (made applicable by Fed. R. Bankr.P. 9023) as it was not filed within ten days of the bankruptcy court’s February 14 written orders (February 26). See Fed. R. Bankr.P. 8002(b)(2) (tolling the time for notice of appeal only if a party makes a “timely”…