Bankruptcy No. 75 B 1308
December 5, 1979
LEWITTES, Bankruptcy Judge
Appeals — Extension of Time — Excusable Neglect
A request to retroactively extend the time for filing a notice of appeal on the basis of "excusable neglect" was denied as the request was made more than thirty days after the entry of the order to be appealed from, contrary to the procedural requirements of Bankruptcy Rule 802(c). See Rule 802 at ¶ 20,302.
[Digest of Opinion]
The creditor's counsel had filed its notice of appeal one day beyond the prescribed ten day period set forth in Bankruptcy Rule 802(a). The counsel alleged that the late filing was a result of "excusable neglect" as there had been a delay in the mails, and requested a retroactive extension of time to file notice of appeal based on this excusable neglect. However, the motion requesting this extension was filed more than thirty days after the entry of the order sought to be appealed from, contrary to the requirements set forth in Rule 802(c). In denying the creditor's request for extension of time, the court stated that: "[a]lthough we prefer that matters [be] heard on their merits, there necessarily must be adherence to orderly procedural requirements.'"