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§ 158

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

Aug
12
2008
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
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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
Consumer opinion summary, case decided on July 02, 2008 , LexisNexis #0708-137
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Zahn v. Fink (In re Zahn)

May
22
2008
Ruling
Confirmation of second amended chapter 13 plan over debtor's objection was a final appealable order.
Procedural posture

Appellant chapter 13 bankruptcy debtor challenged the Bankruptcy Appellate Panel for the Eighth Circuit's dismissal of her appeal, which challenged a bankruptcy court order confirming her second amended chapter 13 plan. The debtor asserted that the bankruptcy appellate panel (BAP) erred when it held that she lacked standing to prosecute her appeal because she was not aggrieved by the bankruptcy court's confirmation order.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 22, 2008 , LexisNexis #0608-070
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Whispering Pines Estates Inc. v. Flash Island Inc. (In re Whispering Pines Estates Inc.)

Jun
15
2007
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
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In re McKinney

Jul
25
2006
Ruling
Court dismissed appeal since case was filed before effective date of new section 1233 allowing for direct appeals to court of appeals.
Procedural posture

The Bankruptcy Court for the Central Division of Illinois certified an appeal directly to the court from a ruling in a proceeding filed before the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on July 25, 2006 , LexisNexis #0806-047
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