Skip to main content

§ 158(d)(1)

Hazelton v. Bd. of Regents

Ruling
Appellate court lacked jurisdiction as the district judge's remand order was not a finalappealable order. (7th Cir.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Jurisdiction.

ABI Membership is required to access the full summary of Hazelton v. Bd. of Regents Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 16, 2020 , LexisNexis #0420-098

Marino, In re--Ocwen Loan Servicing LLC v. Marino

Ruling
Appellate court lacked jurisdiction over bankruptcy appellate panel’s remand of punitivedamages proceeding. (9th Cir.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Jurisdiction.

ABI Membership is required to access the full summary of Marino, In re--Ocwen Loan Servicing LLC v. Marino Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 10, 2020 , LexisNexis #0320-097

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?

ABI Membership is required to access the full summary of Rhino Energy LLC v. C.O.P. Coal Dev. Co. (In re C.W. Mining Co.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

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?

ABI Membership is required to access the full summary of Schaumburg Bank & Trust Co. N.A. v. Alsterda Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Starion Fin. v. McCormick (In re McCormick) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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

Bulk Petroleum Corp. v. Kentucky Dept. of Revenue (In re Bulk Petroleum Corp.)

Ruling
Resolution of tax dispute between debtor and state was a final appealable judgment.
Issue(s)
Was bankruptcy court judgment resolving state tax dispute a final appealable judgment?

ABI Membership is required to access the full summary of Bulk Petroleum Corp. v. Kentucky Dept. of Revenue (In re Bulk Petroleum Corp.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 31, 2015 , LexisNexis #0815-135

Bullard v. Hyde Park Sav. Bank (In re Bullard)

Ruling
Appeal of bankruptcy appellate panel's affirmance of denial of confirmation dismissed as debtor was free to propose an amended plan.
Issue(s)
Was bankruptcy appellate panel's order rejecting debtor's proposed plan a final appealable order?

ABI Membership is required to access the full summary of Bullard v. Hyde Park Sav. Bank (In re Bullard) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 14, 2014 , LexisNexis #0614-033

Huntington Natl Bank v. Richardson (In re Cyberco Holdings Inc.)

Ruling
Denials of substantive consolidation of chapter 7 cases were not final appealable orders.
Issue(s)
Was denial of substantive consolidation of two separate chapter 7 cases a final appealable order.

ABI Membership is required to access the full summary of Huntington Natl Bank v. Richardson (In re Cyberco Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 20, 2013 , LexisNexis #0913-068

SS Farms LLC v. Sharp (In re SK Foods LP)

Ruling
Bankruptcy court refusals to remove trustee or trustee's counsel were not final appealable orders.
Procedural posture

Chapter 11 trustee took possession of documents which appellants had deposited at a debtor's office. Appellants claimed that appellee acted illegally, that the documents should have been returned, and that appellee and his counsel should have been removed. The bankruptcy court denied the relief, and the U.S. District Court for the Eastern District of California affirmed. Appellants filed an appeal.

ABI Membership is required to access the full summary of SS Farms LLC v. Sharp (In re SK Foods LP) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on February 09, 2012 , LexisNexis #0312-031

Congrejo Invs. LLC v. Mann (In re Bender)

Ruling
Ruling on applicability of equitable tolling to trustee's adversary proceeding was not an appealable judgment.
Procedural posture

Defendant investment company appealed from a portion of the decision by the Bankruptcy Appellate Panel of the Ninth Circuit (BAP), in which the BAP affirmed the bankruptcy court's determination that the doctrine of equitable tolling applied to plaintiff bankruptcy trustee's filing of an adversary proceeding. The trustee cross-appealed from a different portion of the BAP's order.

ABI Membership is required to access the full summary of Congrejo Invs. LLC v. Mann (In re Bender) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 05, 2009 , LexisNexis #1209-035