Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Circuit Courts Split On Review of Bankruptcy Court's Denial of Motion to Dismiss
Appellate courts are split on whether to review a bankruptcy court's denial of a motion to dismiss an entire case. Two district judges within the past few months, hearing appeals from the bankruptcy court, have reached contrary results that underline the split among the nation's courts of appeals noted below. See, e.g., In re Maison Royale, LLC, 2024 WL 2699994 (E.D. La. May 24, 2024) (denied leave to appeal interlocutory order that denied a creditor's "motion to dismiss the bankruptcy case due to bad faith filing.") citing In re Phillips, 844 F.2d 230 (5th Cir. 1988); contra, In re AIG Financial Products Corp., 2024 WL 810051 (D. Del. Feb. 27, 2024) (order denying dismissal of Chapter 11 case is final and appealable), citing In re Brown, 916 F.2d 120 (3d Cir. 1990). As discussed below, if Congress does not resolve this particular circuit split, appellate courts should adopt the Third Circuit's "pragmatic" approach to review these denial orders.
Relevant Statute: 28 U.S.C. §158
District Courts and Bankruptcy Appellate Panels
District courts and bankruptcy appellate panels (BAP) have jurisdiction over final judgments entered by bankruptcy judges as well as the jurisdiction to hear appeals with leave of court from interlocutory orders and decrees. 28 U.S.C. §158(a)(l), (3). See, In re Genter, 2020 WL 3129637 (N.D. Tex. June 12, 2020) (denied motion for leave to appeal interlocutory order; such appeals disfavored; leave to appeal "sparingly granted"; appellants failed to show "substantial ground for difference of opinion" on bankruptcy court's order); In re Latam Airlines Grp. S.A., No. 22-CV-2556 (JMF), 2022 WL 1471125 (S.D.N.Y. May 5, 2022) (dismissed appeal from non-final approval of backstop fee agreements; resolution should await imminent ruling on confirmation of plan). Additionally, an interlocutory order issued under 11 U.S.C. §1121(d) affecting the debtor's exclusive period to file a reorganization plan is automatically appealable.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing, and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.