· 7/2/2008
Barben v. Donovan (In Re Donovan)
Citations
- 532 F.3d 1134
- 2008 U.S. App. LEXIS 13966
- 21 Fla. L. Weekly Fed. C 831
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that denial of a 707(b) motion to dismiss for abuse is not a final, appealable order
- holding that a final bankruptcy court order must “com- pletely resolve all of the issues pertaining to a discrete claim, in- cluding issues as to the proper relief”
- “[T]he weight of the circuit authority has concluded that orders denying a motion to dismiss for bad faith or abuse are not appealable.”
- “[E]ach adversary proceeding or contested matter is a discrete unit and ..., once that unit is defined, ordinary concepts of finality apply.”
- “A court of ap- peals has jurisdiction over only final judgments and orders arising from a bankruptcy proceeding[.]”
- “Finality is given a more flexible interpretation in the bankruptcy context[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Edmondson, Pryor, Kravitch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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