D'Alfonso v. D'Alfonso

539 Fed. Appx. 729, 539 F. App'x 729, 2013 WL 4451064

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 21, 2013
• Docket: 11-60046
• Status: Unpublished

Opinion

MEMORANDUM **

Luisa Beristain appeals from the Bankruptcy Appellate Panel’s (“BAP”) order dismissing her appeal as untimely under Federal Rule of Bankruptcy Procedure 8002(a). We have jurisdiction under 28 U.S.C. § 158(d). We review de novo, Wiersma v. Bank of the West (In re Wiersma), 483 F.3d 933, 938 (9th Cir.2007), and we affirm.

The BAP properly dismissed the appeal because Beristain filed her notice of appeal more than fourteen days after entry of the bankruptcy court’s order denying her motion for a new trial or to alter or amend a judgment. See Fed. R. BankrP. 8002(a) & (c) (establishing 14-day time period for filing a notice of appeal from a bankruptcy court decision and explaining that after the 14-day time period for filing a notice of appeal has elapsed, a bankruptcy judge may extend the time upon written motion showing excusable neglect); In re Wiersma, 483 F.3d at 938 (“The timely appeal requirement is jurisdictional.”); see also Key Bar Invs., Inc. v. Cahn (In re Cahn), 188 B.R. 627, 632 (9th Cir. BAP 1995) (“It is well-settled that failure to receive notice of entry of judgment or order is not an excuse for an untimely appeal because it is the party’s affirmative duty to monitor the dockets.”).

Beristain’s arguments about impediments to filing the notice of appeal are unpersuasive.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.