United Western Bancorp Inc (fka UWBKQ)

[Newtogame]

Lets not get our panties in a wad!


Newtogame Thursday, 10/13/16 01:44:11 PM
Re: None
Post # of 37611


Looks like totally procedural to me

Any "final judgment, order, or decree of a bankruptcy judge" may be appealed.

An order is "final" for appeal purposes when a decision has been entered that "ends the litigation on the merits and leaves nothing for the court to do but execute the judgment."

An order is subject to immediate appeal if it (1) directs the immediate delivery of property, and (2) subjects the losing party to irreparable injury if appellate review must await the final outcome of the litigation.

The orders of both the bankruptcy court and the intermediate appellate tribunal must be final in order for the circuit court to exercise jurisdiction.

When the bankruptcy court issues what is indisputably a final
order, and the district court issues an order affirming or reversing, the district court's order is also a final order

Where the district court's order remands a final order back to bankruptcy court for "further significant proceedings on the merits" that is not a final order.
If the remanded matter requires more than a mere "ministerial" function and involves the "exercise of considerable judicial discretion," the remand involves significant further proceedings and does not "end the litigation."
https://www.justice.gov/usam/civil-resource-manual-96-who-what-when-where-why-and-how-appeals-bankruptcy-proceedings