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§ 158

Fields, In re--Specialized Loan Servicing LLC v. Herendeen

Ruling
Court lacked jurisdiction to review an order granting summary judgment that was not final. (M.D. Fla.)
Issue(s)
Appeals; Jurisdiction of District Court; Final Judgments.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 09, 2017 , LexisNexis #0617-053

Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC

Ruling
Court denied trustee's request that the court certify direct appeal of the judgment to theSecond Circuit. (Bankr. S.D.N.Y.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification; Factors.

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Commercial opinion summary, case decided on May 04, 2017 , LexisNexis #0717-026

Rhino Energy LLC v. C.O.P. Coal Dev. Co. (In re C.W. Mining Co.)

Ruling
Order reversing and remanding bankruptcy court decision was not a final appealablejudgment. (5th Cir.)
Issue(s)
Whether the district court's order reversing the bankruptcy court's order is final?

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 16, 2016 , LexisNexis #1016-069

Germeraad v. Powers

Ruling
District court erred in upholding bankruptcy court’s denial of trustee’s motion to modify chapter 13 plan to increase payments in light of increased income.
Issue(s)
Did bankruptcy court improperly deny trustee’s motion to modify debtor’s plan due to increase in income?

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Court :
Consumer opinion summary, case decided on June 23, 2016 , LexisNexis #0716-088

In re Abengoa Bioenergy Biomass of Kan. LLC

Ruling
Bankruptcy court certification of direct appeal of transfer order denied.
Issue(s)
Could debtor certify its appeal from an order denying its motion to transfer venue for direct appeal?

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Commercial opinion summary, case decided on May 26, 2016 , LexisNexis #0616-105

Opportunity Fin. LLC v. Kelley

Ruling
Lenders were not "persons aggrieved" with standing to appeal the consolidation of the cases of the trustee of the Thomas Petters Ponzi scheme and related special purpose entities.
Issue(s)
Did district court err in dismissing lenders' appeal of the consolidation of cases filed by the trustee of the Thomas Petters Ponzi scheme and several related special purpose entities?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 16, 2016 , LexisNexis #0616-031

Ozenne v. Chase Manhattan Bank (In re Ozenne)

Ruling
Bankruptcy appellate panel's review of petition for writ of mandamus vacated as not in aid of its jurisdiction.
Issue(s)
Whether the bankruptcy appellate panel has jurisdiction to address a petition for a writ of mandamus?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 25, 2016 , LexisNexis #0416-099

Schaumburg Bank & Trust Co. N.A. v. Alsterda

Ruling
Approval of a particular settlement was not a final order appealable by creditor.
Issue(s)
Whether the approval of a particular settlement is a "stand-alone dispute" that would be its own case outside of the bankruptcy and therefore a final appealable order?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 04, 2016 , LexisNexis #0316-138

Starion Fin. v. McCormick (In re McCormick)

Ruling
Circuit court lacked jurisdiction over appeal of bankruptcy appellate panel's remand of attorneys' fees dispute to the bankruptcy court.
Issue(s)
Whether a circuit court had jurisdiction, under 28 U.S.C.S. § 158(d)(1), over an appeal relating to the payment of attorney's fees in a bankruptcy proceeding when the bankruptcy appellate panel (BAP) ordered the bankruptcy court on remand to determine the timeliness of the fee request.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 01, 2016 , LexisNexis #0216-138

Lynch v. Malloy (In re Lynch)

Ruling
Orders for debtor to produce documents and appear for examination were not appealable.
Issue(s)
Should debtor's appeal from the bankruptcy court's order denying debtor's motion for reconsideration and directing debtor to produce documents and appear for examination be dismissed?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 20, 2016 , LexisNexis #0216-103