HBI, Inc. v. Sessions Payroll Management, Inc. (In re Mackey)

ORDER

KLEIN, Bankruptcy Judge.

The question is whether the appellees timely filed their statement of election to have this appeal heard by the district court. If the statement of election was not timely filed, then it remains with the bankruptcy appellate panel (“BAP”). We conclude that it was timely filed, but only because of the 3-day extension mandated by rale when service of notice is by mail.

This is our third installment in assessing the nuances of Judicial Code § 158(c)(1), which provides that parties may “elect” to have an appeal heard by the district court instead of the BAP. 28 U.S.C.…