Jacobs v. Brain Power America Inc. (In Re Jacobs)

ORDER OVERRULING UNTIMELY ELECTION

The Panel has received and considered the election filed by Brain Power America, Inc., and John W. Muije to have BAP appeal NV-15-1048 heard by the United States district court. Pursuant to Fed. R. Bankr.P. 8005, the Panel has examined the election for timeliness.

The deadline for a party to an appeal to file an election to the U.S. district court is governed by 28 U.S.C. § 158(c).

[E]ach appeal ... shall be heard by a 3-judge panel of the bankruptcy appellate panel service ... unless — (A) the appellant elects at the time of filing the appeal; or (B) any other…