Yan

Yan v. Fu

Good Law
United States District Court, Northern District of CaliforniaFebruary 19, 20204:19-cv-05633California1,536 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 YAN, Case No. 19-cv-05633-HSG

Plaintiff, ORDER AFFIRMING BANKRUPTCY

COURT

v. Re: Dkt. Nos. 1, 5, 6, 8, 9 FU, Defendant.

12 This matter is before the Court on appeal from the United States Bankruptcy Court for the Northern District of California (the “Bankruptcy Court”), pursuant to 28 U.S.C. § 158(a). Plaintiff-Appellant Demas Yan (“Yan”) appeals the Bankruptcy Court’s August 19, 2019 order denying a motion to extend the time to file a notice of appeal. The Bankruptcy Court concluded that Yan’s delay in filing the notice of appeal was not excusable neglect pursuant to Federal Rule of Bankruptcy Procedure (“FRBP”) 8002(d)(1)(B). For the following reasons, the Court AFFIRMS the Bankruptcy Court’s judgment in favor of Defendant-Appellee Tony Fu (“Fu”). I. BACKGROUND On May 5, 2017, Fu filed a voluntary petition under Chapter 7 of the Bankruptcy Code. On August 2, 2017, Yan filed an adversary proceeding, objecting…

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