A basic component of practice management in the federal courts involves calendar maintenance to ensure deadline compliance. Bankruptcy practitioners are required not only to know the local and federal bankruptcy court rules of procedure, but also must be familiar with those applicable to the district and circuit courts, each of which may have appellate (and sometimes original) jurisdiction over bankruptcy matters.
The nightmare scenario for any practicing lawyer is missing a procedural deadline that results in a court refusing to consider a critical filing, and in some cases may even divest such court of jurisdiction. To circumvent such a harsh outcome, the federal rules provide a mechanism that enables tardy litigants to seek an extension of an expired deadline provided the delay was the result of “excusable neglect.”
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