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Trustee John S. Lovald v. Gerald R. Kirwan, Jr. and Leona J. Kirwan (In re Kirwan Ranch)

Bankr. No.: 
97-30004
Adv. No.: 
99-3001
Chapter: 
7
Date of Decision: 
January 23, 2001
Issue: 
Whether Defendants' motion under Fed.R.Bankr.P. 8002(c)(2) to extend the time to file an appeal based on excusable neglect should be granted?
Ruling: 
Motion was denied. Defendants' attorneys' error in applying the wrong rule for computing the last date to file a notice of appeal did not constitute excusable neglect as defined by Pioneer Investment Services Co. v. Brunswick Assoc., Ltd. Partnership, 507 U.S. 380 (1993), and Ceridian Corp. v. SCSC Corp., 212 F.3d 398 (8th Cir. 2000).
Full Bankruptcy Court Decision: