United States Tenth Circuit

The court of appeals affirms the bankruptcy appellate panel's (BAP) order dismissing debtor's appeal as untimely where: 1) debtor's failure to timely file an appeal in compliance with Rule 8002(a) deprived the BAP of jurisdiction to hear his appeal; 2) by its own terms Fed. R. App. P. 6 did not govern an appeal taken from bankruptcy court to a bankruptcy appellate panel; and 3) even assuming debtor did not receive the court's judgment, the BAP could not extend the time to file a notice of appeal.

Appellate Information

• Decided 05/20/2010
• Published 05/20/2010

Judges

• BALDOCK, Circuit Judge., Before BRISCOE, Chief Judge, BALDOCK and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs: Sam George Caporal and Mark W. Hayes, Oklahoma City, OK, for Defendant-Counter-Claimant-Appellant., Tom M. Cummings, Oklahoma City, OK, for Plaintiff-Counter-Defendant-Appellee.