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· 6/27/1997

In the Matter of Francisco Lopez, Debtor-Appellant

Citations

  • 116 F.3d 1191
  • 38 Collier Bankr. Cas. 2d 266
  • 1997 U.S. App. LEXIS 16106
  • 31 Bankr. Ct. Dec. (CRR) 76
  • 1997 WL 353609

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the Third, Ninth, and possibly the Sixth Circuits apply such an approach
  • calling the Ninth Circuit’s approach “terribly wooly” and stating that the word “final” in section 158(d), “cannot be thought, in light of the tradition of bankruptcy cases, a term of art meaning ‘final or nonfinal’ ”
  • “Jurisdictional rules ought to be simple and precise so that judges and lawyers are spared having to litigate over not the merits of a legal dispute but where and when those merits shall be litigated.”
  • “[A] decision by the district court on appeal remanding the bankruptcy court’s decision for further proceedings in the bankruptcy court is not final, and so is not appealable to this court, unless the further proceedings contemplated are of a purely ministerial character.”
  • collecting cases and rejecting the Third Circuit’s approach
  • collecting cases and rejecting the Third Circuit’s approach

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Manion, Rovner

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.