AT & T MOBILITY PUERTO RICO INC v. PULSAR PUERTO RICO INC et al

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
IN THE UNITED STATES BANKRUPTCY COURT FOR
THE DISTRICT OF PUERTO RICO
IN RE:
PULSAR PUERTO RICO INC 	CASE NO. 08-07557 BKT
CHAPTER 7
Debtor(s) 	ADVERSARY NO. 11-0042 BKT
AT & T MOBILITY PUERTO RICO INC
Plaintiff
PULSAR PUERTO RICO INC
WILFREDO 	SEGARRA MIRANDA
,TRUSTEE;WILFREDO RODRIGUEZ
FLORES
FILED & ENTERED ON 05/25/2012
Defendant(s)
ORDER
Before 	the 	Court 	is 	the 	Motion 	requesting 	extension 	of 	time 	to
appeal the Partial Judgment entered on May 3, 2012 (the “Motion”), filed
by 	the 	Defendant, 	Wilfredo 	Segarra 	Miranda, 	Chapter 	7 	Trustee 	(the
"Trustee"), on May 23, 2012 (Dkt No. 138). 	For the reasons set forth
below, the Trustee’s Motion is DENIED.
Pursuant 	to 	Bankruptcy 	Rule 	8002(a), 	a 	notice 	of 	appeal 	must 	be
filed within fourteen (14) days of the date of entry of the judgment,
order or decree appealed from. 	Fed R. Bankr. P. 8002(a). 	The timely
filing of a notice of appeal is “mandatory and jurisdictional”. 	Yamaha
Motor Corp. v. Perry Hollow Mgmt Co., Inc. (In re Perry Hollow Mgmt Co.,
Inc.), 297 F.3d 34, 38 (1st Cir.2002). 	Under specific circumstances the
Court may extend the time for filing a notice of appeal. 	See Fed. R.
Bankr.P. 8002(c)(2). 	However, such a request “must be made by a written
Case:11-00042-BKT Doc#:144 Filed:05/25/12 Entered:05/25/12 13:36:04 Desc: Main
Document Page 1 of 2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
motion filed before the time for filing a notice of appeal has expired,
except 	that 	such 	a 	motion 	filed 	not 	later 	than 	21 	days 	after 	the
expiration of the time for filing a notice of appeal may be granted upon
a showing of excusable neglect.” 	Fed. R. Bankr.P. 8002(c)(2); see also
In re Shepherds Hill Development Co., LLC, 316 B.R. 406, 414 (B.A.P. 1st
Cir. 2004).
As the Partial Judgment was entered on May 3, 2012, the deadline to
file the notice of appeal in this case expired on Thursday, May 17, 2012.
Here, the Trustee filed the motion to extend the deadline for filing a
notice 	of 	appeal 	within 	the 	twenty-one 	(21) 	days 	of 	the 	“excusable
neglect” 	period. 	The 	Trustee, 	however, 	made 	no 	showing, 	or 	even 	a
reference to the excusable neglect requirement. 	Thus, the Court has no
elements to grant the Trustee’s Motion.
Accordingly, the Trustee's request for extension of time to file the
notice of appeal is hereby DENIED.
SO ORDERED.
San Juan, Puerto Rico, this 25 day of May, 2012.
Brian K. Tester
U.S. Bankruptcy Judge
Case:11-00042-BKT Doc#:144 Filed:05/25/12 Entered:05/25/12 13:36:04 Desc: Main
Document Page 2 of 2