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Click the download button to download the file directly in your Download folder by the authority of the Bankruptcy Court’s order of November 24, 1984 (the “first” Bankruptcy Order). This Court’s second Bankruptcy Order was entered on January 15, 1985 and set forth the procedural history of the case up to and including November 19, 1984. Thus, the order of January 15, 1985 was intended to correct the November 24, 1984 Bankruptcy Order in part and supersede it in other respects. However, the order did not correct any “additional orders in this case entered on February 21, 1984,” as ordered by this Court, and, in addition, “declared the right of the parties to appeal said Bankruptcy Order without waiting for the effective date of any subsequent order of this Court or pursuant to Bankruptcy Rule 8002,” which superseded the time limitation for filing appeals specified in the Bankruptcy Order of November 24, 1984.
Mr. Sprecher has not responded to the Court’s July 22, 1985 Order to Show Cause and instead has filed a Memorandum in Reply to the July 22, 1985 Order to Show Cause. On October 17, 1985, Mr. Sprecher filed a Motion for a Continuance and to Modify the Rules (hereinafter the “Motion for a Continuance”). The instant petition was filed on December 6, 1985.
The motion for a continuance is based on Rule 801(a) of the Rules of Bankruptcy Procedure. That rule reads in relevant part:
Rule 801. Motions
…..
(a) Except as otherwise provided by a particular rule, a motion which seeks to alter or amend a judgment, order, or decree shall be filed no later than 10 days after entry thereof…; provided, however, that… [a] notice of appeal filed after announcement of a decision or order but before entry of the judgment, order, or decree shall have no effect and a new notice of appeal must be filed within the prescribed time measured from the entry of the judgment, order, or decree.
Fed.R

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