Appeals

Suter v. Goedert, 504 F.3d 982 (9th Cir. 2007)
          Motion for stay pending appeal was not mooted by state supreme court’s dismissal of an appeal in the underlying suit.

In re Brown, 484 F.3d 1116 (9th Cir. 2007)
          
Minute order that reserved issue of Rule 11 sanctions for later disposition was not a final, appealable order.

In re Berman, 344 B.R. 612 (9th Cir. BAP 2006)
          
Direct appeals provisions of BAPCPA do not apply to appeals arising from bankruptcy cases filed before BAPCPA’s effective date.

In re Thomas, 428 F.3d 1266 (9th Cir. 2005)

          “Rule 8002(b) requires an amended notice of appeal when the bankruptcy court’s ruling on a postjudgment motion alters the judgment and the appellant wishes to challenge that alteration.”

In re Rains, 428 F.3d 893 (9th Cir. 2005)
          Bankruptcy court had jurisdiction to enforce a settlement agreement, even though the validity of the settlement was on appeal.

In re Beachport Entertainment, 396 F.3d 1083 (9th Cir. 2005)
          BAP abused its discretion when it dismissed an appeal for failure to include a copy of the bankruptcy court’s decision and the answer to the complaint in the appellate record.

In re Silberkraus, 336 F.3d 864 (9th Cir. 2003)
          Bankruptcy court retained jurisdiction to publish its written findings of fact and conclusions of law if consistent with its oral findings.

In re Warrick, 278 B.R. 182 (9th Cir. B.A.P. 2002)
          Delay of six days past the appeal deadline in moving for extension of time to file notice of appeal was not excuseable neglect, despite debtor's alleged lack of notice of order's entry.

In re Betacom of Phoenix, Inc., 250 B.R. 376 (9th Cir. B.A.P. 2000)
          “In ruling on a motion for extension of time to file a notice of appeal under Rule 8002(c) that is filed within the initial ten-day period, a bankruptcy court must consider the following four factors:

  1.  
    1. whether the appellant is seeking the extension for a proper purpose;

    2. the likelihood that the need for an extension will be met if the motion is granted;

    3. the extent to which granting the extension would inconvenience the court and the appellee or unduly delay the administration of the bankruptcy case;

    4. the extent to which the appellant would be harmed if the motion were denied.”

In re Lam, 192 F.3d 1309 (9th Cir. 1999)
          
Bankruptcy creditor forfeits right to appeal from entry of default by not seeking relief in court where default was entered.

In re Arrowhead Estates Development Co, 42 F.3d 1306, (9th Cir. 1994), as amended March 23, 1995, AND on appeal after remand, In re Jarrett, 103 F.3d 138 (9th Cir. 1996).
          Appellants’ claims remanded for consideration on merits where notice of appal filed after bankruptcy court’s oral decision but before entry of formal order in docket

In re Delaney, 29 F.3d 516, 518 (9th Cir. 1994)
          Parties have an affirmative duty to ‘monitor the dockets to inform themselves of the entry of orders they may wish to appeal.’...In re Sweet Transfer & Storage, Inc. , 896 F.2d 1189, 1193 (9th Cir. 1990) (superseded by Rule as stated in In re Arrowhead Estates Development) lack of notice of an entry of an order is not a ground by itself to warrant finding an otherwise untimely appeal to be timely. See B.R. 9022, Zurich Ins. Co. v. Wheeler, 838 F.2d 338, 340 (9th Cir. 1988).

In re Mouradick, 13 F.3d 326, 329 (9th Cir. 1994)
          Order of bankruptcy court extending time to file notices of appeal before the 10 day limit in B.R. 8002(c) did not excuse appellant’s failure to file notices of appeal within the time stated in the rule.