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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.