Unpublished Dispositionin Re William J. Walton, Joyce D. Walton, Debtors,william J. Walton, Joyce D. Walton, Plaintiffs-appellants, v. Federal Land Bank of Louisville, Commercial Savings Bank,defendants-appellees, 848 F.2d 195 (6th Cir. 1988)

Before MERRITT and BOGGS, Circuit Judges, and BARBARA K. HACKETT, District Judge.^* 

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

This appeal arises from plaintiffs' Chapter 11 bankruptcy. On July 8, 1987, the bankruptcy court granted the defendant Federal Land Bank of Louisville relief from the automatic stay pursuant to 11 U.S.C. § 362(d). The bankruptcy court granted plaintiffs an extension to July 24, 1987 in which to appeal that order. However, the court sua sponte transferred the case to the district court before the appeal period expired.

Thereafter, plaintiffs filed a notice of appeal from the July 8, 1987 order within the appeal period on July 23, 1987. Although the notice of appeal appears to have been filed in the district court, it should be deemed properly filed in the bankruptcy court. Bankruptcy Rule 8002(a). Because it was filed in a timely manner, the district court erred in dismissing the appeal for lack of jurisdiction.

Therefore, the judgment of the district court is vacated pursuant to Rule 9(b) (6), Rules of the Sixth Circuit. This case is remanded to the district court for a consideration of the merits of plaintiffs' appeal in the first instance. Further, the stay entered by this court on January 14, 1988 shall remain in effect until further order of the district court.