In Re Neil Lafortune and Janice Lafortune, Bankrupts. Neil Lafortune and Janice Lafortune v. Naval Weapons Center Federal Credit Union

J. BLAINE ANDERSON, Circuit Judge:

Appellant Naval Weapons Center Federal Credit Union (Credit Union), the judgment creditor, appeals from the order of the district court affirming the bankruptcy court’s decision to set aside the constable’s sale of the appellees’ dwelling home. We reverse.

I. JURISDICTION

As a preliminary matter, we consider our jurisdiction over this appeal. At oral argument, we raised the issue whether a timely notice of appeal was filed from the judgment of the bankruptcy court “[sjince this court’s jurisdiction can only be based on a proper exercise of jurisdiction in the…