- 28 U.S.C.
In re Ruth
Feb
13
2014
Ruling
Direct appeal of denial of motion to modify confirmed chapter 13 plan allowed.
Issue(s)
Could debtor take direct appeal of denial of modification of chapter 13 plan?
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Court
:
- 28 U.S.C.
In re City of Detroit
Dec
20
2013
Ruling
Motion for direct appeals of interlocutory orders in chapter 9 case denied.
Issue(s)
Should direct appeals of interlocutory orders be allowed in city's chapter 9 case.
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Court
:
- 28 U.S.C.
Huntington Natl Bank v. Richardson (In re Cyberco Holdings Inc.)
Aug
20
2013
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.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Lindsey v. Pinnacle Natl Bank (In re Lindsey)
Aug
13
2013
Ruling
District court decision affirming denial of confirmation was not a final appealable order.
Issue(s)
Whether the a district court ruling affirming the denial of confirmation of a chapter 11 plan due to application of the absolute priority rule created a final appealable order.
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Court
:
Judge or Jurisdiction information not available
- 28 U.S.C.
Kekauoha-Alisa v. Ameriquest Mortg. Co. (In re Kekauoha-Alisa)
Mar
06
2013
Ruling
Lenders' motion for direct appeal denied in case filed prior to effective date of BAPCPA.
Procedural posture
Chapter 7 debtor filed an adversary proceeding against lenders. The bankruptcy court entered orders in the case, and the lenders asked the court to certify its recent and future orders for direct appeal to the court of appeals pursuant to 28 U.S.C.S. § 158(d)(2).
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Klestadt & Winters LLP v. Cangelosi
Mar
06
2012
Ruling
Award of sanctions against debtors was not a final appealable order.
Procedural posture
In debtors' bankruptcy cases, the lenders (now creditors in the bankruptcy proceeding) and the bankruptcy trustee, were awarded sanctions against owners and officers of a loan servicing company funded in part by the lenders, appealed the United States District Court for the District of Nevada's order imposing sanctions on them pursuant to Fed. R. Bankr. R. 9011 and the district court's inherent powers.
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Court
:
Judge or Jurisdiction information not available
- 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
:
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
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