What is the test for timely filing of a Notice of Appeal under Bankruptcy Rule 8002?

MultiRegion, United States of America

The following excerpt is from Hurt, In re, 976 F.2d 737 (9th Cir. 1992):

1 Bankruptcy Rule 8002(a) requires that a notice of appeal "be filed with the clerk within 10 days of the date of the entry of the judgment, order, or decree appealed from." See Bankr.R. 8002(a). The timely filing of a notice of appeal is jurisdictional. Allustiarte v. Hauser (In re Allustiarte), 848 F.2d 116, 117 (9th Cir.1988) (quoting Greene v. United States (In re Souza), 795 F.2d 855, 857 (9th Cir.1986)). Bankruptcy Rule 8002(a), however, also provides that "[i]f a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 10 days of the date on which the first notice of appeal was filed...." See Bankr.R. 8002(a).

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