Bankruptcy No. 90-21980; Adversary No. 93-6037 | Bankr. D. Conn. | Dec 16, 1997
ORDER DENYING AS UNTIMELY FILED DEFENDANTS MOTION FOR RECONSIDERATION
I.
The court, on October 7,1997, filed a “Ruling and Order” partially denying the motion of Kelley, Drye & Warren LLP (the “defendant”) for summary judgment in the above-entitled adversary proceeding. The defendant, on October 20, 1997, moved the court “[pjursuant to Rule 9(e)”
The defendant, on November 28, 1997, filed a Reply, pursuant to Loc.R.Civ.P. 9(g)
II.
Defendant’s arguments as to timeliness of filing are futile. Fed.R.Bankr.P. 9006, not Fed.R.Civ.P. 6, applies in bankrupt ey proceedings. See Advisory Committee Note to Rule 9006 (“This rule is an adaptation of Rule 6 F.R.Civ.P. It governs the time for acts to be done and proceedings to be had in cases under the Code and any litigation arising therein.”) Bankruptcy Rule
Corresponding to Fed.R.Civ.P. 6(e), Fed.R.Bankr.P. 9006(f) enlarges the time prescribed for certain filings.
III.
The court concludes that the motion for reconsideration was untimely filed and, accordingly, it must be denied. It is
SO ORDERED.
. Loc.RXiv.P. 9(e) provides that "[m]otions for reconsideration shall be filed and served within ten (10) days of the filing of the decision or order from which such relief is sought....” All Local Rules of Civil Procedure of the United States District Court for the District of Connecticut apply in the Bankruptcy Court insofar as they are relevant and not inconsistent with the Bankruptcy Code or the Bankruptcy Rules. See Loc. R.Bankr.P. 1001-1 (b).
. Loc.R.Civ.P. 9(g) provides that "[i]f a party wishes to file a reply brief, the reply brief must be filed within seven (7) days of the filing of the responsive brief to which reply is being made.”
. Fed.R.Civ.P. 6(a) provides that "[w]hen the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule..., ‘legal holiday' includes ... Columbus Day
. Fed.R.Civ.P. 6(e) states that "[w]henever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period."
. Fed.R.Bankr.P. 9006(f) provides that "[w]hen there is a right or requirement to do some act or undertake some proceedings within a prescribed period after service of a notice or other paper and the notice or paper other than process is served by mail, three days shall be added to the prescribed period."