Is a motion for an extension of time to file a notice of appeal reviewed for abuse of discretion?
federal, United States of America
The following excerpt is from In re Betacom of Phoenix, Inc., 250 BR 376 (B.A.P. 9th Cir. 2000):
The bankruptcy court's denial of a motion for an extension of time to file a notice of appeal is reviewed for an abuse of discretion. See National Indus., Inc. v. Republic Nat'l Life Ins. Co., 677 F.2d 1258, 1264 (9th Cir.1982) (citations omitted). A court abuses its discretion if it relies on an incorrect legal standard. See Miller v. Los Angeles County Bd. of Educ., 827 F.2d 617, 619 (9th Cir.1987). The legal standard applied by a court is reviewed de novo. Id.
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