In re Ateco Inc.
Opinion
Lead Opinion
Tighe, J.
MEMORANDUM OF DECISION RE REMAND FROM THE DISTRICT COURT FOR THE LIMITED DETERMINATION OF EXCUSABLE NEGLECT UNDER FED. R. BANKR. P. 8002(d)(1)(B)
[No hearing required]
On April 9, 2014, the Court issued its Memorandum of Decision re Trial on (1) Validity of Lien; and (2) Disallowance of Claim (the “Trial Memorandum”), finding after a full trial on t;he merits that John Hebb (“Hebb”) was not a creditor of Debt- or’s bankruptcy estate (bankr.doc. no. 356). An Order Sustaining Debtor’s Objection to Hebb’s Claim was entered on the bankruptcy docket (no. 357), and a Partial Judgment in favor of Debtor was entered on the adversary docket (no. 115).
On April 25, 2014, at 12:02 a.m., Hebb filed a Motion for New Trial (the “New Trial Motion”). Under Fed. R. Bankr.P. 9023, a motion for a new trial must be filed no later than 14 days after entry of judgment. A timely motion for a new trial will toll the time for appeal until “the entry of *300 the order disposing of the last such motion outstanding.” Fed. R. Bankr.P. 8002(b)(1)(C). Hebb’s New Trial Motion was filed 15 days after judgment was entered, and thus did not toll the appeal deadline. Nevertheless, on May 6, 2014, Hebb filed a…