Lynch v. Malloy, III (In re Lynch)

Lynch v. Malloy, III, (In re Lynch), Case No. 15-054 (BAP 10th Cir. January 20, 2016). Published.
The BAP has jurisdiction to hear appeals from an order entered in bankruptcy courts if the order finally disposes of discrete disputes within the larger case.
Procedural context:
The 10th Circuit BAP held that while an order for a Rule 2004 examination can be a discrete dispute that sufficiently concludes a proceeding and thus, final for appeal purposes, the order denying appellant’s motion to reconsider an order authorizing the trustee to examine the appellant pursuant to Rule 2004 was not a final order. Since appellant had not asked for leave to file an interlocutory appeal, the BAP dismissed the appeal noting that it would have declined leave to appeal in any event.
Appellant and his wife filed chapter 11 and their case was converted to chapter 7. Subsequently, appellant brought an adversary proceeding against the trustee and the bankruptcy court judge. The adversary proceeding was dismissed which is on appeal. The bankruptcy court granted trustee’s motion to take appellant’s Rule 2004 examination to investigate how appellant was funding the adversary proceeding. Appellant’s efforts to avoid the examination failed and eventually, trustee filed a renewed motion to take appellant’s examination and a motion to compel appellant to answer Rule 2004 exam questions both of which were granted. Appellant filed a motion to reconsider which the bankruptcy court denied.
Karlin, Jacobvitz, Mosier

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