Deadline to Appeal: Clock Starts Ticking Upon Entry of Order, Not Date When Notice is Received by Mail
Contributing Editors: Alex Beeby, Karl Johnson, and Kesha Tanabe
In Reichel v. Snyder (In re Reichel), No. 21-6005, 2021 WL 1326831 (B.A.P. 8th Cir. April 2, 2021), the Eighth Circuit Bankruptcy Appellate Panel applied the plain language of Rules 8002(a)(1) and 9022(a) to hold that an appeal was untimely when filed more than 14 days after entry of the order. In his notice of appeal, the pro se appellant argued his notice was timely because it was filed less than 14 days after he received notice of the order via U.S. mail. The BAP rejected his argument. Citing to Rule 9022, which explicitly provides that “[l]ack of notice of the entry does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted in Rule 8002,” the BAP held that the alleged late mailing of the order does not render a notice of appeal timely and dismissed the appeal as untimely filed.