Citation Codes Equivalent Citations citation codes Docket Number No. 78-00044 Motions Motion to file : Denied Judges PEARSON, Bankruptcy Judge See more information ... Smart Summary Please sign up to generate summary. IN RE WOLFE. Bankruptcy Rules — Notice of Appeal — Excusable Neglect PEARSON, Bankruptcy Judge Excusable neglect, at that term is delineated in Bankruptcy Rule 802(c), are a term of art that means the failure to timely perform a duty due to circumstances which were beyond the reasonabl control of the person whose duty it was to perform. The excuses counsel proffered in the present case for failing to timely appeal a final order within 10 days — heavy work load, a misunderstanding of when the 10-day period began to run and illness of counsel handling the matter — are not excusable neglect that would have entitled counsel to file a notice of appeal without the 10-day limit. The excuse of a heavy work load is not adequate particularly where the firm has five members, one of which could prepare and file a timely notice of appeal in the event that counsel who is handling the matter is unable to do so. Thus, the motion to file a late notice of appeal is denied. See Bankruptcy Rule 802 at ¶ 20,303.