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IN RE BETACOM OF PHOENIX, INC.

No. AZ-99-1599-RyKP.

250 B.R. 376 (2000)

In re BETACOM OF PHOENIX, INC.; Beta Communications, Inc.; American Broadcasting Systems, Inc., Debtors. F. Patrick Nugent and Anita Nugent, Appellants, v. Betacom of Phoenix, Inc.; Beta Communications, Inc.; American Broadcasting Systems, Inc., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided May 31, 2000.

Attorney(s) appearing for the Case

Michael E. Gottfired, Jaburg & Wilk, P.C., Phoenix, AZ, for appellants.

Victoria M. Avilez, James E. Cross, Dillingham Cross P.L.C., Phoenix, AZ, for American Broadcasting Systems, Inc.

Joseph K. Brinig, Phoenix, AZ, for Betacom of Phoenix, Inc.

Before RYAN, KLEIN, and PERRIS, Bankruptcy Judges.

OPINION

RYAN, Bankruptcy Judge.

Ten days after the bankruptcy court denied their motion for authorization to amend a proof of claim (the "Claim Motion"), F. Patrick and Anita Nugent filed a motion for an extension of time to file their notice of appeal (the "Motion"). The bankruptcy court denied the Motion. The Nugents timely appealed the denial of the Motion.

We VACATE and REMAND.

I. FACTS

The Nugents were majority shareholders...

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