In Re: Robert Doran Belshaw, Debtor,john J. Koresko, Appellant, v. Robert Doran Belshaw, Appellee, 141 F.3d 1173 (9th Cir. 1998)

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US Court of Appeals for the Ninth Circuit - 141 F.3d 1173 (9th Cir. 1998) .Submitted Mar. 10, 19982. Decided Mar. 19, 1998

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Lawrence Ollason, James W. Meyers, and Robert C. Jones, Judges, Presiding.

Before FLETCHER, BEEZER and LEAVY, Circuit Judges.


Creditor John Koresko appeals pro se the Bankruptcy Appellate Panel's dismissal as untimely of his appeal from the bankruptcy court's order dismissing his adversary action against his former attorney, debtor Robert Belshaw. Fed. R. Bankr.P. 8002 requires that a notice of appeal be filed with the BAP within ten days of the bankruptcy court's entry of judgment. Koresko filed his notice of appeal 23 days after the bankruptcy court order. Because the "provisions of Bankruptcy Rule 8002 are jurisdictional; the untimely filing of a notice of appeal deprives the appellate court of jurisdiction to review the bankruptcy court's order." Saunders v. Band Plus Mortgage Corp. (In re Saunders), 31 F.3d 767, 767 (9th Cir. 1994). We reject Koresko's contention that his untimely filing should be excused because he believed he could appeal to this court within 30 days, rather than following the proper route of appeal to the BAP. Accordingly, the BAP's dismissal is



The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3