Erhard

MEMORANDUM **

James Erhard appeals from a decision of the Bankruptcy Appellate Panel (“BAP”), In re Roberts, 331 B.R. 876 (9th Cir. BAP 2005), reversing the bankruptcy court’s denial of debtor Kenneth Roberts’s discharge under 11 U.S.C. § 727 (a)(4)(A). Roberts cross-appeals the BAP’s decision that Roberts waived any objection to Erhard’s failure to timely serve the summons and complaint. We affirm the BAP in all respects.

As a preliminary matter, Roberts argues we lack jurisdiction to hear this appeal because Erhard did not file a timely notice of appeal (“NOA”). Even though Erhard’s actual NOA was one day late, Erhard did timely file a Designation of Record and Statement of Issues. Because this document sufficiently apprised Roberts that Erhard intended to appeal and what was the subject of attack, we construe this document as a timely-filed NOA. See Curtis Gallery & Library, Inc. v. United States, 388 F.2d 358, 360 (9th Cir.1968); see also Rabin v. Cohen, 570 F.2d 864, 866 (9th Cir.1978).

Roberts also argues for the first time on appeal that Erhard lacks standing to pursue this appeal because the written property settlement agreement between Roberts and Erhard’s daughter…