context: After Pioneer, district courts analyzing a movant's claim of excusable neglect must "consider[ ] and balance[ ]" all of the Pioneer factors; "no one factor trumps the others." In addition, the party moving for the extension of time to file a notice of appeal has the burden of proving excusable neglect.
citation_a.signal: see
citation_a.identifier: 477 B.R. 274, 276
citation_a.parenthetical: stating that "[t]he burden is on the moving party to allege facts establishing excusable neglect" under former Rule 8002(c)(2
citation_a.sentence: See In re Douglas, 477 B.R. 274, 276 (D.D.C. 2012) (stating that “[t]he burden is on the moving party to allege facts establishing excusable neglect” under former Rule 8002(c)(2)); In re Spiegel, Inc., 385 B.R. 35, 39 (S.D.N.Y. 2008) (“[I]n bankruptcy cases, whether or not there is a claim that notice of the entry of judgment was not received, the party seeking the extension of time in which to file a notice of appeal has the burden of establishing excusable neglect.” (citation and internal quotation marks omitted)); see also Jones v. Chemetron Corp., 212 F.3d 199, 205 (3d Cir. 2000) (“The burden of proving excusable neglect lies with the late-claimant.”).
citation_b.signal: see also
citation_b.identifier: 212 F.3d 199, 205
citation_b.parenthetical: "The burden of proving excusable neglect lies with the late-claimant."
citation_b.sentence: See In re Douglas, 477 B.R. 274, 276 (D.D.C. 2012) (stating that “[t]he burden is on the moving party to allege facts establishing excusable neglect” under former Rule 8002(c)(2)); In re Spiegel, Inc., 385 B.R. 35, 39 (S.D.N.Y. 2008) (“[I]n bankruptcy cases, whether or not there is a claim that notice of the entry of judgment was not received, the party seeking the extension of time in which to file a notice of appeal has the burden of establishing excusable neglect.” (citation and internal quotation marks omitted)); see also Jones v. Chemetron Corp., 212 F.3d 199, 205 (3d Cir. 2000) (“The burden of proving excusable neglect lies with the late-claimant.”).