Is failure to receive notice of entry of judgment or order an excuse for an untimely appeal?
federal, United States of America
The following excerpt is from McCann v. Wichot (In re Patmont Motor Werks, Inc.), Adv. No. 3:15-ap-05031-BTB, BAP No. NV-17-1221-BTaL, BAP No. NV-17-1288 (B.A.P. 9th Cir. 2018):
7. In addition, "failure to receive notice of entry of judgment or order is not an excuse for an untimely appeal because it is the party's affirmative duty to monitor the dockets." Warrick v. Birdsell (In re Warrick), 278 B.R. 182, 187 (9th Cir. BAP 2002).
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