Crawforth v. H & H Enterprises, L.L.C.

1 Defendant filed an amended motion, Doc. No. 30, correcting the date the Motion was signed
and served. In all other respects, the amended motion is identical to the Motion and for the purpose of
this Order, the Court will simply refer to the Motion.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF IDAHO
In re:
ROBERT D. LARISON and
JAN P LARISON
Debtors.
Case No. 03-04394-TLM
RICHARD CRAWFORTH, Trustee
Plaintiff,
v.
H & H ENTERPRISES, L.L.C., an Idaho
limited liability company,
Defendant.
Adversary No. 05-6001-TLM
ORDER DENYING MOTION
FOR EXTENSION OF TIME TO
FILE NOTICE OF APPEAL
This Court issued a Memorandum of Decision on July 28, 2005. Doc. No. 27. It requested
that Plaintiff prepare a form of judgment consistent with the Memorandum of Decision. Id. at 21.
No Judgment has been entered as yet.
On August 4, Defendant filed a “Motion for Extension of Time to File Notice of Appeal” to
and including August 19, 2005. Doc. No. 29 (“Motion”).1 Defendant’s Motion alleges that the
ten-day period of Fed. R. Bankr. P. 8002 would run on August 7. Id. at 1. Defendant calculated
the period by reference to the date of the Memorandum of Decision, July 28. Id.
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Fed. R. Bankr. P. 8002 provides that a “notice of appeal shall be filed with the clerk within
10 days of the date of the entry of the judgment, order, or decree appealed from.” (emphasis
added). A Judgment has not yet been entered in this case. Therefore, the Motion is premature
based on the plain language of the Rule. Indeed, Rule 8002 goes on to state: “A notice of appeal
filed after the announcement of a decision or order but before entry of the judgment, order, or
decree shall be treated as filed after such entry and on the day thereof.” (Emphasis added). This
provides further indication that the premise of Defendant’s Motion – that the ten days to file an
appeal runs from the date of the Memorandum of Decision – is in error.
Based on the record herein, and the determination that the Motion is premature and not well
taken under the Rules, and cause appearing:
IT IS HEREBY ORDERED that the Motion, Doc. Nos. 29 and 30, is DENIED.
DATED: August 9, 2005
TERRY L. MYERS
CHIEF U. S. BANKRUPTCY JUDGE
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