Siemon: 10-Day Limit for Filing Notice of Appeal is Jurisdictional
In "In re Siemon," 421 F. 3d 167 (2nd Cir. 2005), the Second Circuit Court of Appeals has joined the Third, Fifth, Sixth, and Ninth Circuit Courts of Appeal in holding that the 10-day limit set forth in the Federal Bankruptcy Rules for filing a notice of appeal is jurisdictional. Thus, absent a timely notice of appeal in the district court, the district court is without jurisdiction to consider the appeal, regardless of whether the appellant can demonstrate excusable neglect.
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