Pioneer Inv.Servs. Co. v. Brunswick Assocs. Limited Partnership

In Pioneer Inv.Servs. Co. v. Brunswick Assocs. Limited Partnership, 507 U.S. 380, at 380, 113 S. Ct. 1489 at 1490, 123 L. Ed. 2d 74 (1993)., the Supreme Court held that, under Bankruptcy Rule 9006(b)(1), neglect "encompasses both simple, faultless omissions to act and, more commonly, omissions caused by carelessness." Thus, excusable neglect includes "situations in which the failure to comply with a filing deadline is attributable to negligence." The Supreme Court concluded in Pioneer Inv. that the determination of whether neglect is "excusable" is ultimately an equitable one, taking into account all the relevant circumstances surrounding the party's omission. These circumstances include the danger of prejudice to the non-movant, the length of the delay and its potential impact upon judicial proceedings, the reason for the delay and whether it was in the reasonable control of the movant, and whether the movant acted in good faith. Although Pioneer Inv. arose in the context of the Bankruptcy Rules, its rationale would seem to apply equally to the Federal Rules of Appellate Procedure.