Failure to Timely Appeal Not Excusable Neglect

A pro se Chapter 7 debtor’s claim of excusable neglect for failing to file a timely appeal was not supported where the debtor knew that a court order was forthcoming but did not monitor the court docket, the U.S. Court of Appeals for the Third Circuit concluded in an unpublished decision, affirming the district court and bankruptcy court (Gruber v. Kaplan (In re Kaplan), 3d Cir., 11-4022, 5/24/12).

The debtor sought an extension of time in which to file an appeal under Federal Rule of Bankruptcy Procedure 8002(c). In her Chapter 7 case, the bankruptcy ...