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IN RE MACKEY

BAP No. CC-98-1852, Bankruptcy No. LA-97-42201-SB, Adversary No. LA-98-99907-SB.

232 B.R. 784 (1999)

In re Paul David MACKEY, dba David Mackey Drywall, Debtor. HBI, Inc., and Noble Construction Company, Inc., Appellants, v. Sessions Payroll Management, Inc., and Helen Ryan Frazer, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

March 29, 1999.

Attorney(s) appearing for the Case

Karen M. Andrews, Los Alamitos, CA, for HBI, Incorporated.

Lisa G. Stanhope, Temecula, CA, for Noble Construction Company, Inc.

Helen Ryan Frazier, Cerritos, CA, for Chapter 7 Trustee.

Paul A. Beck, Tuttle & Taylor, Los Angeles, CA, for Sessions Payroll Management, Inc.

Before MEYERS, PERRIS, and KLEIN, Bankruptcy Judges.

ORDER

KLEIN, Bankruptcy Judge.

The question is whether the appellees timely filed their statement of election to have this appeal heard by the district court. If the statement of election was not timely filed, then it remains with the bankruptcy appellate panel ("BAP"). We conclude that it was timely filed, but only because of the 3-day extension mandated by rule when service of notice is by mail.

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