Diamond v. Vickery
- Summarized by William Wallo , Bakke Norman, S.C.
- 7 years 3 months ago
- Citation:
- Diamond v. Vickery, No. 15-1069 (10th CIr. AUgust 19, 2016)
- Tag(s):
-
- Ruling:
- Determination as to dischargeability of debt was not yet final appealable order because of pending remand from district court as to other issues.
- Procedural context:
- Appeal from district court ruling affirming finding of nondischargeability of debt.
- Facts:
- Holder of judgment filed adversary proceeding against debtor, seeking to determine dischargeability of debt under 523(a)(2), (a)(4), and (a)(6). The bankruptcy court ruled against the holder on (a)(2) and (a)(4), but in favor of holder on (a)(6). Parties appealed. Debtor's appeal of (a)(6) issue was presented to district court for review but the other issues ended up reviewed by the bankruptcy appellate panel as the debtor's election in his cross-appeal was determined to be defective. The BAP reversed as to (a)(2) finding and remanded for determination as to whether the debtor was guilty of "actual fraud." The district court affirmed on the (a)(6) determination. On appeal to the 10th Circuit, the court, on its own motion, determined that it lacked appellate jurisdiction as the BAP's remand meant that not all issues raised in the complaint had been resolved. Therefore, the district court's ruling was not a final, appealable order.
- Judge(s):
- Kelly, Matheson, and Moritz
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