- 28 U.S.C.
Congrejo Invs. LLC v. Mann (In re Bender)
Nov
05
2009
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.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
In re Swegan
Feb
10
2009
Ruling
Bankruptcy appellate panel remand for further proceedings on dischargeability was not an appealable final order.
Procedural posture
Appellant debtor moved a bankruptcy court to discharge his debt to appellee creditor. The bankruptcy court granted summary judgment in favor of the debtor. On appeal, the United States Bankruptcy Appellate Panel (BAP) of the Sixth Circuit reversed the order granting the debtor summary judgment and remanded the adversary proceeding for trial. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Viking Offshore (USA) Inc. v. Bodewes Winches B.V. (In re Viking Offshore (USA) Inc.)
Feb
05
2009
Ruling
Direct appeal certified where resolution would materially advance progress of chapter 11 case.
Procedural posture
After the court granted a motion filed by defendant, the purchaser of certain winches, to dismiss the adversary proceeding filed by debtors to determine the ownership of the winches, which dismissal was based on the principle of comity, debtors sought reconsideration. In the alternative, debtors asked the court to certify the matter for direct appeal pursuant to 28 U.S.C.S. § 158(d)(2).
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Court
:
- 28 U.S.C.
In re Blue Stone Real Estate Constr. & Dev. Co.
Oct
17
2008
Ruling
Isues important to case administration certified to court of appeals.
Procedural posture
Debtor corporations filed separate petitions under chapter 11 of the Bankruptcy Code, and the cases were consolidated. The debtors filed a motion for an order authorizing them to retain a chief restructuring officer (CRO), and the court granted the motion over objection of the United States Trustee (UST). The UST filed a notice of appeal.
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Court
:
- 28 U.S.C.
Lebos v. Schuette
Sep
30
2008
Ruling
District court denied application for certification of appeal of trustee's settlement of civil rights lawsuit.
Procedural posture
Appellee trustee obtained court approval for the sale/compromise of appellant debtor's interest in a civil rights lawsuit. The debtor appealed the order to the court and then submitted an ex parte request to certify the appeal to the U.S. Court of Appeals for the Ninth Circuit under 28 U.S.C.S. § 158(d).
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Court
:
- 28 U.S.C.
Weaver v. Harmon Law Offices P.C. (In re Weaver)
Sep
17
2008
Ruling
Direct appeal from bankruptcy court of dismissed due to failure to seek authorization of appellate court.
Procedural posture
Defendants attempted to appeal from a bankruptcy court decision under 28 U.S.C. § 158(d)(2), which permitted direct appeals to the court of appeals, with that court's permission, from bankruptcy court decisions under certain circumstances, including where the bankruptcy court certified that the appeal satisfied the statutory criteria for permitting such a direct appeal. The court issued a show-cause order why the appeal should not be dismissed.
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:
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In re Holland
Aug
19
2008
Ruling
Ruling that state law applied to determine debtor's entitlement to exemption was not a final appealable order.
Procedural posture
Appellant bankruptcy trustee challenged an order of the United States District Court for the Northern District of Illinois, Eastern Division, holding that Florida law applied in determining whether appellee debtor's property was exempt from her bankruptcy estate and remanding the matter to the bankruptcy court.
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:
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Barben v. Donovan (In re Donovan)
Jul
02
2008
Ruling
Denial of motion to dismiss chapter 7 case for abuse was not a final appealable order.
Procedural posture
Appellant unsecured creditor sought judicial review of the United States District Court for the Middle District of Florida's affirmation of a bankruptcy court's denial of her motion to dismiss appellee debtor's chapter 7 bankruptcy case as abusive. The bankruptcy proceeding had been converted from a chapter 11 proceeding to a chapter 7 proceeding. The issue was whether the appellate court had jurisdiction to hear the appeal.
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Court
:
Judge or Jurisdiction information not available