- 28 U.S.C.
Whispering Pines Estates Inc. v. Flash Island Inc. (In re Whispering Pines Estates Inc.)
Jun
15
2007
Ruling
Bankruptcy court lacked jurisdiction to order relief from stay while appeal of confirmation order was pending.
Procedural posture
Appellant debtor challenged two decisions of the Bankruptcy Court for the District of New Hampshire that confirmed its chapter 11 plan and granted appellee creditor relief from the automatic stay. The bankruptcy appellate panel only addressed the issues presented in the stay relief order. The question was whether the bankruptcy court had jurisdiction to enter the stay relief order while the confirmation order was on appeal.
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