IN RE: JACKSON MASONRY, LLC
Appeals court insinuates that denial of a lift-stay motion without prejudice is not appealable.
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- Case Type:
- Case Status:
- Case No. 18-5157/5161, 2018 WL 4997779 (6th Cir. 2018) (6th Circuit, Oct 16,2018) Published
- Appeal of Order Denying Motion for Relief From Stay dismissed where Notice of Appeal filed after deadline.
- Procedural context:
- Bankruptcy Court denied Creditor's Motion for Relief From Stay. Creditor appealed and District Court dismissed as Notice of Appeal was untimely. On further appeal, Sixth Circuit agreed that Notice of Appeal was untimely and affirmed dismissal.
- Creditor filed Motion for Relief From Stay that Bankruptcy Court denied. Some months later, Creditor appealed claiming that Stay Relief Order was non-final. Sixth Circuit held that Order Denying Relief is final order immediately appealable and that must be appealed within 14 days. Court held that Order was "final" as it terminated a proceeding, defined as an independent action within bankruptcy case, and Order finaly determined rights of parties as to issues presented.
- Sutton, McKeague and Thapar