KENTUCKY EMPLOYEES RETIREMENT SYSTEM v SEVEN COUNTIES SERVICES, INC., IN RE: SEVEN COUNTIES SERVICES, INC.
- Case Type:
- Business
- Case Status:
- Affirmed
- Citation:
- 23-5383 (6th Circuit, Jan 26,2024) Not Published
- Tag(s):
-
- Ruling:
- The U.S. Court of Appeals for the Sixth Circuit (Circuit) dismissed the appeal of the Kentucky Employees Retirement Systems (KERS) of the denial of its petition for leave to appeal and the dismissal of its appeal from a March 2, 2022, decision of the U.S. Bankruptcy Court for the Western District of Kentucky (BC), the U.S. District Court for the Western District of Kentucky (DC) having previously deemed the decision unappealable and thus dismissible.
- Procedural context:
- KERS appealed an order of the BC and, in the alternative, moved the DC for leave to appeal. Holding that the order was not final, the DC dismissed the appeal for lack of jurisdiction and denied the motion for leave. The DC also found that the BC's order was interlocutory and did not warrant leave to appeal, "primarily because the district court rightly characterized [the Circuit's] July 2020 opinion as containing a general remand about which the parties could not dispute."
- Facts:
- Based on a decision of the Kentucky Supreme Court, the Circuit had previously determined that Seven Counties Services, Inc. (DR), a debtor, was required to make certain payments to KERS and remanded to the BC to make the required determinations. While the parties stipulated to the amounts owed, they reserved some issues for future adjudication; because of these outstanding issues, the BC adopted the stipulated amount but did not order the DR to pay those sums immediately.
- Judge(s):
- Jane B. Stranch; Eric L. Clay; and David McKeague
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