Legal Opinion

In Re Sweet Transfer & Storage, Inc., Debtor. Michael R. Miyao Steven D. Betten Anton J. Miller v. David J. Kuntz Sweet Transfer & Storage, Inc.

Court of Appeals for the Ninth Circuit

Decided February 21, 1990No. 88-4156PublishedCited by 33 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

Michael R. Miyao, Steven D. Betten and Anton J. Miller appeal the Bankruptcy Appellate Panel (“BAP”)’s dismissal of their appeal for failing to timely file their notice of appeal. They argue that the BAP’s decision should be reversed because there has not yet been a final judgment. Alternatively, they argue that their notice of appeal was timely under Bankruptcy Rule (“BR”) 8002 and Fed.R.App.P. 4(a) or should be treated as if it were due to the “unique circumstances” of this case. They also argue that the papers they submitted within the ten-day period following the…

2Cases cited12 opinions

  1. Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
  2. San Diego Committee Against Registration and the Draft (Card), Plaintiff v. The Governing Board of the Grossmont Union High School DistrictCourt of Appeals for the Ninth Circuit · 1986
  3. Acosta v. Louisiana Department of Health & Human ResourcesSupreme Court of the United States · 1986
  4. In Re David Rock Hudson, Debtor. Gregory Stackhouse and Esther Stackhouse v. David Rock HudsonCourt of Appeals for the Ninth Circuit · 1988
  5. Sam Rabin v. Henry Cohen, B & H Processing Co., and Peterson Manufacturing Co., Inc.Court of Appeals for the Ninth Circuit · 1978

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

3Cited by33 opinions

  1. In Re K.P. EnterpriseUnited States Bankruptcy Court, D. Maine · 1992
  2. Arrowhead Estates Development Co. v. United States Trustee (In re Arrowhead Estates Development Co.)Court of Appeals for the Ninth Circuit · 1994
  3. Key Bar Investments, Inc. v. Cahn (In Re Cahn)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  4. Intercontinental Enterprises, Inc. v. Keller (In Re Blinder, Robinson & Co.)District Court, D. Colorado · 1991
  5. Glinka v. Dartmouth Banking Co. (In Re Kelton Motors Inc.)United States Bankruptcy Court, D. Vermont · 1990

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

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