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jhdf51

09/26/09 4:44 PM

#103246 RE: Gmenfan #103244

Sleet?
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Tatsu

09/26/09 4:56 PM

#103249 RE: Gmenfan #103244

"The adversary proceedings will proceed.. until or unless the appellate court decides otherwise but they need not be held up pending that appeal".... "

All the legal people here ..... Help me understand this part.

My legal interpretation is: The Judge is stating that the proceedings can and shall continue. The proceedings will not be stayed pending a ruling by the Appelate Court. The proceedings will continue and the current court will abide by any Appellate Court ruling once it is made.

My personal interpretation is that THJMW is saying, "Get out of the way, you're blocking our Momo!"
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ILVMNY

09/26/09 6:49 PM

#103276 RE: Gmenfan #103244

To me that means the current ongoing proceedings will continue on and not be on hold pending a ruling from Sleet.
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Jestiron

09/26/09 7:22 PM

#103290 RE: Gmenfan #103244

Interesting Graphic showing the Heirarchy of the Federal Courts:
http://www.uscourts.gov/outreach/structure.jpg

Appellate Court (aka "Court of Appeals") is a higher court (for their authority to review district and bankruptcy court) that, I am guessing, may have an opportunity to "chime in" if brought into the fray.

From Wikipedia: Appellate Court
An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts. A supreme court is therefore itself a kind of appellate court. Appellate courts worldwide can operate by varying rules. For example, the Isle of Man's traditional local appellate court is the Staff of Government Division which has only two Justices, titled "Deemsters," whose decisions are joined to the original trial decision. They almost always have a majority, if either Deemster agrees with the trial Judge.[1]

Hope that helps a bit... I'm trying to determine if Judge Sleet is with the Appellate Court. From what I am seeing, he is a Judge in a similar District Court and not an Appellate court... Needs confirmation.