IN RE GARTHWAITE

BAP No. CC-81-1256HVK, Bankruptcy No. LA-81-03872RO, Adv. No. LA-81-2900RO.

15 B.R. 305 (1981)

In re Alan GARTHWAITE and Evelyn Garthwaite, Debtors. INDEPENDENCE BANK, a California corporation, Plaintiff and appellee, v. Alan GARTHWAITE and Evelyn Garthwaite, Defendants and appellants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided November 18, 1981.


Attorney(s) appearing for the Case

Arthur S. Kahn, Beverly Hills, Cal., for defendants and appellants.

Merrill R. Francis, David J. McCarty, Sheppard, Mullin, Richter & Hampton, and Norris J. Bishton, Jr., Berris, Seton & Bishton, Los Angeles, Cal., for plaintiff and appellee.

Before HUGHES, VOLINN and KATZ, Bankruptcy Judges.


MEMORANDUM

The question raised by this appeal is whether the bankruptcy court may permit a notice of appeal to be filed more than 30 days after entry of an order or judgment. We hold, on the authority of Selph v. Council of Los Angeles, 593 F.2d 881 (9th Cir. 1979), that it may not. Accordingly, we dismiss as moot the appeal before us.

I

This appeal is from an order made on September 17 denying debtors'...

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