- 28 U.S.C.
Crescent Res. Litig. Trust v. Fields (In re Crescent Res. LLC)
Mar
02
2012
Ruling
Certification of appeal of dismissal of trustee's avoidance proceeding for lack of standing denied.
Procedural posture
Trustee of a liquidation trust created by a bankruptcy debtor's plan brought an adversary proceeding against defendant transferee seeking to avoid bonuses paid to the transferees as fraudulent transfers under state law. The trustee moved to certify for direct or interlocutory appeal under 28 U.S.C.S. § 158 the order dismissing the trustee's claims for lack of standing.
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Court
:
- 28 U.S.C.
Faulkner v. Kornman (In re Heritage Org. LLC)
Feb
14
2012
Ruling
28 U.S.C. §158(d)(2) does not apply retroactively to cases filed before effective date of BAPCPA.
Procedural posture
In an adversary proceeding, business entities sought an order certifying two prior orders of the court for immediate appeal under 28 U.S.C.S. § 158(d)(2). Trustee opposed the motion.
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Court
:
- 28 U.S.C.
SS Farms LLC v. Sharp (In re SK Foods LP)
Feb
09
2012
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.
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Court
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Judge or Jurisdiction information not available
In re Lyondell Chem. Co.
Jan
18
2012
Ruling
Confirmation order that did not finally dispose of an entire claim was not a final appealable order.
Procedural posture
Creditors filed a motion in appellee debtors' chapter 11 case to enforce a confirmation order and reorganization plan with respect to the creditors' claim for an administrative expense. The United States Bankruptcy Court for the Southern District of New York denied the motion. The creditors moved for leave to appeal.
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Court
:
- 28 U.S.C.
Official Committee of Unsecured Creditors v. Anderson Senior Living Prop. LLC (In re Nashville Senior Living LLC)
Apr
01
2010
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
- 28 U.S.C.
In re Nortel Networks Corp.
Mar
18
2010
Ruling
Motion for certification of order enforcing stay against creditors in UK proceedings for immediate appeal denied as not advancing bankruptcy case.
Procedural posture
Two claimants, a trustee of a United Kingdom (U.K.) pension plan and the Board of the Pension Protection Fund, requested the court to certify its order granting the debtors' motion for entry of an order enforcing the automatic stay against the claimants with respect to U.K. proceedings for immediate appeal to the United States Court of Appeals for the Third Circuit pursuant to 28 U.S.C.S. § 158(d)(2).
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Court
:
- 28 U.S.C.
In re Fitzhugh
Nov
10
2009
Ruling
Case properly dismissed where debtor failed to file timely motion in opposition.
Procedural posture
The Bankruptcy Court for the District of Massachusetts dismissed appellant debtor's voluntary petition for chapter 13 bankruptcy protection based on the debtor's admitted failure to file an objection to appellee trustee's motion to dismiss prior to the court-ordered deadline for a response. The debtor appealed the bankruptcy court's order of dismissal.
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Court
:
- 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.
Casey v. American Home Mortg. Servicing Inc. (In re Fuentes)
Oct
29
2009
Ruling
Default against two of three parties to adversary proceeding was not a final appealable judgment.
Procedural posture
Plaintiff trustee filed an adversary proceeding against defendants, a chapter 7 debtor, the debtor's mother, and a mortgage servicing company, seeking a judgment avoiding a transfer of property and a determination that the company violated the automatic stay. The Bankruptcy Court for the District of Massachusetts entered judgment against the debtor and her mother, pursuant to Fed. R. Civ. P. 54(b), and the company appealed.
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Court
:
Judge or Jurisdiction information not available
Rios v. Shafer (In re Shafer)
Oct
14
2009
Ruling
Interlocutory appeals of denials of request to strike pleadings and for summary judgment and reconsideration and request for stay of trial in bankruptcy court denied.
Procedural posture
Appellant debtor filed a request for a stay of a trial in bankruptcy proceedings that were pending in a bankruptcy court, so that the court could consider two interlocutory appeals. The appeals involved the debtor's request to strike pleadings filed by appellees as a sanction for failure to provide discovery and an order denying the debtor's motion for summary judgment. The debtor also sought reconsideration of an order dismissing an appeal.
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Court
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