Conway v. Heyl, No. 19-6002 (8th Cir. 2019)Annotate this Case
The bankruptcy appellate panel affirmed the bankruptcy court's orders granting a motion to dismiss an adversary proceeding; denying a motion for an extension of time to file a motion to reconsider and for rehearing; and denying a motion to declare that plaintiffs have a right to appeal as a right or to extend the time to appeal.
The panel held that plaintiffs failed to show excusable neglect under Bankruptcy Rule 8002(d)(1)(B), and thus the bankruptcy court did not abuse its discretion in denying the motion to appeal out of time. The panel also held that, because plaintiffs did not file a motion of the type listed in Rule 8002(b)(1), nor a motion for extension of time in which to file a notice of appeal under Rule 8002(d)(1)(A), the period for appealing the dismissal order expired without a timely appeal being filed. Finally, the court held that the bankruptcy court did not abuse its discretion in denying the motion to declare that plaintiffs appeal was timely.