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Maverick, Attorney
Category: Bankruptcy Law
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Experience:  20 years of professional experience
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We received an order to turn over property and would like to

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We received an order to turn over property and would like to know the time allowed for us to file an appeal?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 8 years ago.

The time limits are shorter in bankruptcy appeals than in other federal appellate practice. The notice of appeal must be filed with ten days of the date of the entry of the order or judgment appealed on the bankruptcy court's docket. Fed. R. Bankr. P. 8002(a); see generally In re The Wallace & Gale Co., 72 F.3d 21, 24 n.4 (4th Cir. 1995) Ten days means ten days -- weekends and holidays are not excluded. Fed. R. Bankr. P. 9006(a). The bankruptcy judge may extend that time for up to twenty days if the motion to extend is filed within the original ten days. Failure to file the notice of appeal within the time limits requires dismissal of the appeal, except in limited circumstances or if the notice was late because of "excusable neglect." Fed. R. Bankr. P. 8002(c).


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