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IN RE SMITH

Bankruptcy No. 11-84-00020 MS.

44 B.R. 46 (1984)

In re James B. SMITH, SS # 585-28-8593 d/b/a Auto Parts Specialists Trust Company d/b/a Distinctive Auto Repair d/b/a Smithco Trust Co. Fed ID # 85-0230718 State ID # 01-879452-00-1, Debtor.

United States Bankruptcy Court, D. New Mexico.

October 3, 1984.

Attorney(s) appearing for the Case

Jennie Deden Behles, Albuquerque, N.M., for debtor.

Robert R. Fuentes, Rio Rancho, N.M., for NAPA/Genuine.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on the motion of the creditor NAPA/General Parts to extend time to appeal the decision of this Court dated June 19, 1984, and the motion of the debtor to strike the appeal. The question for the Court is whether the actions of the creditor in filing the appeal one day late, constituted excusable neglect which would thus allow them to file their notice of appeal.

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