Unpublished Disposition, 917 F.2d 566 (9th Cir. 1989)

MEMORANDUM^** 

Sandor and Betty B. Chabot appeal the district court's order denying their motion to reopen their appeal from the bankruptcy court's order denying their motion to avoid the lien of City National Bank. The district court denied the motion on the ground that the appeal was untimely.

Bankruptcy Rule 8002(a) provides that a "notice of appeal shall be filed ... within 10 days of the date of the entry of the judgment, order, or decree appealed from." See Greene v. United States (In re Souza), 795 F.2d 855, 857 (9th Cir. 1986). The bankruptcy court entered its order on May 4, 1989. The Chabots filed their notice of appeal thirteen days later on May 17, 1989.

At the time the Chabots filed their notice of appeal, Rule 9006(a) provided that for purposes of calculating the ten-day limit, intermediate weekends and legal holidays should be excluded.¹  In this case, there were two intermediate weekends between May 4 and May 17, a total of four days, which should not have been counted. Thus, the Chabots actually filed their notice of appeal within nine days of the entry of the bankruptcy court's order. Their notice of appeal was therefore timely. See Bankr.R. 8002(a); 9006(a).

Although we find that the Chabots' appeal to the district court was timely, we cannot accept jurisdiction over this appeal because the matter is on remand to the bankruptcy court, which appears to be unnecessary.

DISMISSED.