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§ 158

RML, LLC, In re

Ruling
Certification of a direct appeal to the circuit court was granted as the court's prior judgment enforcing the reorganized debtor's plan injunction against the claimants involved an unsettled question of law regarding the bankruptcy system. (Bankr. S.D.N.Y.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification.

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Commercial opinion summary, case decided on September 23, 2024 , LexisNexis #1224-020

Delaney, In re--Delaney v. Messer

Ruling
Denial of a motion to dismiss a bankruptcy petition was not a final appealable order. (2d Cir.)
Issue(s)
Appeals; Jurisdiction of District Court.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 08, 2024 , LexisNexis #1024-042

Tew, In re--Tew v. ED&F Man Cap. Mkts., Ltd.

Ruling
Proceedings under state and law and RICO dismissed as subject matter jurisdiction waslacking. (Bankr. E.D. Ky.)
Issue(s)
Appeals.

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Court :
Commercial opinion summary, case decided on November 15, 2023 , LexisNexis #0124-072

Tew, In re--Tew v. ED&F Man Cap. Mkts., Ltd.

Ruling
Proceedings under state and law and RICO dismissed as subject matter jurisdiction waslacking. (Bankr. E.D. Ky.)
Issue(s)
Appeals.

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Court :
Commercial opinion summary, case decided on November 15, 2023 , LexisNexis #0124-072

York, In re--York v. United States

Ruling
Bankruptcy court properly denied debtor's summary judgment where the record found that hehad sufficient significant control over the corporation's financial affairs that he could havepaid or ordered the payment of the delinquent taxes. (9th Cir.)
Issue(s)
Appeals.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 11, 2023 , LexisNexis #1023-045

Charmoli, In re--Charmoli v. Aspen Am. Ins. Co.

Ruling
Discovery could continue in insurance coverage dispute pending results of interlocutoryappeal where delay in resolution of the claim could burden debtor's estate. (Bankr. E.D. Wis.)
Issue(s)
Appeals; Jurisdiction of District Court; Other Interlocutory Orders.

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Consumer opinion summary, case decided on June 13, 2023 , LexisNexis #0823-042

Thomason, In re

Ruling
Certification of a direct appeal in either of two Chapter 13 cases denied as the debtor’sdispleasure with the orders of the district court did not support certification. (Bankr. D. Idaho)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals.

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Consumer opinion summary, case decided on January 03, 2023 , LexisNexis #0323-018

Abraham Rosa

Ruling
Court lacked jurisdiction over an appeal of a confirmation order based on theories related toan adversary proceeding's approval order. (1st Cir.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 27, 2022 , LexisNexis #0123-024

Interlogic Outsourcing, Inc., In re--OneSource Virtual, Inc. v. Interlogic Outsourcing, Inc.

Ruling
Appellate review was not appropriate as defendant had not requested review of thebankruptcy court's decision to abstain but instead expressly limited the appeal to a portion ofthe court's rationale. (B.A.P. 6th Cir.)
Issue(s)
Appeals; Jurisdiction of District Court.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 22, 2022 , LexisNexis #0622-100

Harris, In re

Ruling
Court certified a direct appeal of the exemption order as it would allow the same panel toconsider the issue of the debtor's homestead exemption and would eliminate the risk ofinconsistent rulings. (Bankr. C.D. Cal.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification; Factors.

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Consumer opinion summary, case decided on May 18, 2021 , LexisNexis #0721-022