Legal Opinion

Key Bar Investments, Inc. v. Cahn (In Re Cahn)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 2, 1995No. BAP No. SC-94-1622-OCAs. Bankruptcy No. 93-02293-A7. Adv. No. 93-90498-A7PublishedCited by 37 opinions

1Opinion of the Court

OPINION

OLLASON, Bankruptcy Judge:

A creditor has appealed the bankruptcy court’s order denying its motion to extend time to file a notice of appeal. It argues that a disposition designated as an “order” granting summary judgment was not a final, ap-pealable order. It also argues that its failure to file a timely notice of appeal was due to excusable neglect, and that its excusable neglect can be based on the opposing party’s failure to file a notice of entry of order pursuant to the local rules. We Affirm.

STATEMENT OF FACTS

On December 9, 1993, the bankruptcy court heard a summary judgment…

2Cases cited22 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
  3. Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
  4. Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
  5. United States v. F. & M. Schaefer Brewing Co.Supreme Court of the United States · 1958

17 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Wall Street Plaza v. JSJF Corp. (In Re JSJF Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  2. Warrick v. Birdsell (In Re Warrick)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  3. United States v. Henry Bros. Partnership (In Re Henry Bros. Partnership)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  4. Heritage Pacific Financial, LLC v. MacHuca (In Re MacHuca)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  5. In Re Thurman Brown, Thurman Brown v. Wilshire Credit CorporationCourt of Appeals for the Ninth Circuit · 2007

32 more not listed; retrieve them via the Exa API.

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