Spenlinhauer v. O'Donnell

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 \'person aggrieved' determination . . . entails a factual inquiry which we review only for clear error\
• concluding mortgagor lacked standing to challenge a power of attorney that failed to reference the mortgaged property because the defect amounted to a voidable issue only
• standing to appeal from bankruptcy court order requires showing that challenged order directly and adversely affects appellant’s pecuniary interests
• “[P]rovided the appellate record discloses the requisite facts, we may address the matter without remanding.”
• “[T]he bankruptcy or district courts must make the required ‘person aggrieved’ determination in the first instance. But where, as here, the lower court has not undertaken the required ‘standing’ inquiry, we must do so, ab initio”
• burden is on appealing debtor

Source: CourtListener parenthetical corpus (CC0).