Kloza

*549 MEMORANDUM **

SN Servicing Corp. appeals the Bankruptcy Appellate Panel’s (“BAP”) dismissal of its appeal of the bankruptcy court’s order disallowing SN Servicing’s imposition of a prepayment penalty against Stanley and Diane Kloza. The BAP dismissed the appeal because SN Servicing filed both its notice of appeal and motion for extension of time past the deadlines established by Federal Rule of Bankruptcy Procedure 8002. Because the appeal was untimely, the BAP held that it did not have jurisdiction to consider the merits of SN Servicing’s claims. We affirm.

The timeliness of a notice of appeal is a question of law that we review de novo. Saunders v. Band Plus Mortgage Corp. (In re Saunders), 31 F.3d 767, 767 (9th Cir.1994) (per curiam). Timeliness is a jurisdictional matter, and neither we nor the BAP has jurisdiction to consider the merits of a claim where an appeal to the BAP was untimely. Id.

The BAP dismissed SN Servicing’s appeal of the bankruptcy court’s order because SN Servicing filed both its notice of appeal and extension motion after the deadline for each had passed. Federal Rule of Bankruptcy Procedure 8002 states that a notice of appeal shall be filed within…