In Re Eugene Ma; Joanne Ma, Debtors.eugene Ma; Joanne Ma, Appellants, v. Ivanjack & Lambirth, Fdba Ivanjack, Lambirth & Aranoff;fdba Ross, Ivanjack & Lambirth; U.S. Smallbusiness Administration; Thomasmccurnin, Appellees, 108 F.3d 1385 (9th Cir. 1997)

MEMORANDUM^** 

Chapter 7 debtors Eugene and Joanne Ma appeal the Bankruptcy Appellate Panel's dismissal, as untimely, of their appeal from the bankruptcy court's order dismissing the Mas' action against the Small Business Administration, which alleged the SBA violated the automatic stay by levying against the Mas. Although the Mas concede that they failed to file their notice of appeal within 10 days as required by Fed.R.Bank.P. 8002, they contend there was excusable neglect. They allege that the bankruptcy court clerk told their attorney that the bankruptcy judge had signed the order, but that the clerk could not determine whether the order had been entered on the docket. As a result, their attorney did not file a timely notice of appeal. Unlike the claimant in Zurich Insurance Company v. Wheeler, 838 F.2d 338 (9th Cir. 1988), the bankruptcy clerk never misinformed the Mas' attorney, and in fact alerted the attorney to the fact that an order had been signed. The Mas subsequent failure to file a timely notice of appeal, therefore, is not excused, and we affirm the BAP's dismissal.

AFFIRMED.