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§ 158(a)(3)

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

Alliant Natl Title Ins. Co. v. Larson (In re Larson)

Ruling
Leave to appeal order for stay of nondischargeability proceeding due to debtors' fears of self- incrimination denied.
Procedural posture

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtors who were under criminal investigation related to a debt to the creditor, seeking a determination that the debt was nondischargeable. The debtors moved for leave to appeal the interlocutory order of the bankruptcy court for Colorado which denied the debtors' motion to stay the proceedings based on self-incrimination concerns.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 09, 2012 , LexisNexis #0412-067

Official Committee of Unsecured Creditors v. Anderson Senior Living Prop. LLC (In re Nashville Senior Living LLC)

Ruling
Denial of application to appoint counsel to committee was not a final appealable order.
Procedural posture

Appellant, an official committee of unsecured creditors (committee) sought review of an order from the United States Bankruptcy Court for the Middle District of Tennessee, which sustained the written objection of appellees, the debtors and a creditor, and denied the committee's application to retain a law firm as its counsel, and also denied the committee's motion for reconsideration.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 01, 2010 , LexisNexis #0610-064

W.R. Grace & Co. v. Libby Claimants (In re W.R. Grace & Co.)

Ruling
Leave to file interlocutory appeal of denial of expansion of preliminary injunction of asbestos cases against debtor granted.
Procedural posture

Before the court was appellant debtors' Motion for Leave to Appeal Order Denying Injunction. Appellant State of Montana joined in the motion. Appellees were individuals allegedly injured by exposure to asbestos from debtors' mining operations in Lincoln County, Montana. Appellees opposed the motion. The matter was on appeal from the U.S. Bankruptcy Court for the District of Delaware.

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Commercial opinion summary, case decided on August 12, 2008 , LexisNexis #0908-033

Whispering Pines Estates Inc. v. Flash Island Inc. (In re Whispering Pines Estates Inc.)

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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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 15, 2007 , LexisNexis #0707-105