Appellate Review of a Bankruptcy Court's Preliminary Injunction

A bankruptcy court preliminary injunction should be reviewable as of right because of Supreme Court precedent, the rulings of other courts and common sense.

12 minute read January 01, 2023 at 12:07 AM

Michael L. Cook

Appellate Review of a Bankruptcy Court's Preliminary Injunction

Should a bankruptcy court's preliminary injunction be subject to appellate review? Taking the negative position, the U.S. District Court for the Eastern District of New York recently held that it had the "discretion … to decline to hear" an appeal from a bankruptcy court's preliminary injunction.

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