Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Bankruptcy StrategistFeaturesBankruptcyLitigationUnited States Supreme Court

Move Quickly: Supreme Court Holds that Bankruptcy Court's Denial of Motion for Relief from the Automatic Stay Is a Final Appealable Order

By Louis F. Solimine, James J. Henderson and Andrew L. Turscak, Jr.
February 01, 2020

In a recent, unanimous opinion authored by Justice Ginsburg, the United States Supreme Court affirmed lower court decisions holding that a bankruptcy court order denying a motion for relief from the automatic stay constitutes a final order that must be appealed within the time provided under Federal Rule of Bankruptcy Procedure 8002. Ritzen Group, Inc. v. Jackson Masonry, LLC, 598 U.S. ___ (2020). As a result, creditors and other parties in interest now must carefully assess, even more so than before, if and when to file in the bankruptcy court a motion for relief from the automatic stay given the finality and ensuing consequences of an adverse ruling.

The Automatic Stay and Appeals of Bankruptcy Decisions

The filing of a bankruptcy petition immediately stays almost all actions against the debtor, and it prohibits a creditor from continuing or commencing acts that would impact the debtor or its estate. See, 11 U.S.C. §362(a). This is commonly referred to as the "automatic stay." A party in interest who wishes to continue or commence an action against the debtor may file a motion with the bankruptcy court seeking relief from the automatic stay to allow the party to do so. See, 11 U.S.C. §362(d). After a relief from stay motion is filed, the court will conduct a hearing and determine whether cause exists to grant the relief sought in the motion.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.