· 6/9/1997
In the Matter of Forty-Eight Insulations, Incorporated, Debtor. Appeal of Maritime Asbestos 1
Citations
- 115 F.3d 1294
- 38 Collier Bankr. Cas. 2d 137
- 27 Envtl. L. Rep. (Envtl. Law Inst.) 21081
- 1997 U.S. App. LEXIS 14171
- 31 Bankr. Ct. Dec. (CRR) 3
- 1997 WL 323845
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the district court \effectively gave leave\ by exercising its jurisdiction to review the bankruptcy court's interlocutory order
- finding that an order that failed to “ultimately establish” the creditor’s entitlement to funds was not final and therefore unappealable
- allowing appeal of a denied stay under 28 U.S.C. sec. 1292 because remaining creditors’ interests could not be properly protected if ordered distribution occurred
- “Satisfying these discovery-related deadlines require significant expenditures of time and money by Aspen.”
- exercising jurisdiction over a stay denial under 28 U.S.C. § 1292(a)(1) because the District Court’s order had “both the effect of an injunction and [] serious, perhaps irreparable, consequences” (quoting Cent. States v. Cent. Cartage Co., 84 F.3d 988, 991 (7th Cir. 1996
- “These factors mirror the factors to be considered in ruling on an application for preliminary injunction, in which context we have more fully explained how the factors are to be applied and balanced.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Eschbach, Coffey, Wood
Read full opinion on CourtListenerSourced 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.