Saunders v. Band Plus Mortgage Corp. (In re Saunders)
Cases that cite this one
10 later published cases cite this decision.
- SN Servicing Corp. v. Kloza (9th Cir. 2007)
- Marin v. Sanders (In re Marinkovic) (9th Cir. 2006)
- In re Sidney Hoffman and Charlotte Hoffman, Debtors. Sidney Hoffman v. Wallace Harbottle Aby Hervy (9th Cir. 1996)
- Samson v. Western Capital Partners, LLC (In re Blixseth) (9th Cir. 2012)
- In re: Robert Doran Belshaw, Debtor, John J. Koresko v. Robert Doran Belshaw (9th Cir. 1998)
- In re: William J. Connolly Nancy A. Connolly, Debtors, William J. Connolly v. Susan L. Uecker (9th Cir. 1998)
- In re: Wilmer J. Deckard, Debtor, George W. Deckard v. Wilmer J. Deckard David L. Ray, Trustee (9th Cir. 1998)
- In re Schimmels (9th Cir. 1996)
- United States ex rel. Rudd v. Schimmels (9th Cir. 1996)
- In re Saunders (9th Cir. 1994)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Claude E. Saunders appeals pro se the Bankruptcy Appellate Panel’s (“BAP”) decision, dismissing his appeal as untimely. We have jurisdiction under 28 U.S.C. § 158(d), and we affirm.
The timeliness of a notice of appeal is a question of law which we review de novo. In re Kincaid, 917 F.2d 1162, 1164 (9th Cir. 1990). A “notice of appeal shall be filed with the clerk within 10 days of the date of entry of the judgment, order, or decree appealed from.” Bank.R. 8002(a). “The provisions of Bankruptcy Rule 8002 are jurisdictional; the untimely filing of a notice of appeal deprives the appellate court of jurisdiction to review the bankruptcy court’s order.” In re Mouradick, 13 F.3d 326, 327 (9th Cir. 1994); In re Slimick, 928 F.2d 304, 306 (9th Cir. 1990); In re Souza, 795 F.2d 855, 857 (9th Cir. 1986).
Here, the bankruptcy court’s order dismissing Saunders’s petition was entered on January 21, 1993. Saunders had 10 days from that date in which to file his notice of appeal. See Bank.R. 8002(a); see also Bank.R. 9006(a) (if time period greater than 8 days, intermediate Sundays, Saturdays, and legal holidays are counted). No appeal was filed until February 2, 1993, 12 days after the order was entered.
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.