Ronald J. Smith v. U.S. Bank National Association (In re Smith)

Case Type:
Case Status:
19-8021 (6th Circuit, Dec 10,2019) Not Published
The Sixth Circuit Bankruptcy Appellate Panel dismissed the appeal ruling (i) orders vacating the dismissal of a chapter 13 bankruptcy case and reinstating the case, and denying the Debtor’s motion to alter or amend the order reinstating the case are both non-final orders and (ii) discretionary leave for an interlocutory appeal was not appropriate.
Procedural context:
On June 5, 2019, the Bankruptcy Court for the Northern District of Ohio entered an order vacating a previous dismissal of Debtor's Chapter 13 bankruptcy case. On July 15, 2019, the Bankruptcy Court entered an order Denying Debtor's motion to alter or amend the order reinstating the Chapter 13 bankruptcy case. Debtor initially filed a motion for leave to appeal pursuant to 28 U.S.C. § 158(a)(3). Debtor subsequently determined that the Bankruptcy Court's orders were final orders appealable as of right and withdrew the motion for leave to appeal. Debtor also requested an expedited briefing schedule and expedited treatment of the appeal.
The Debtor's Chapter 13 case was voluntarily dismissed. On motion of a creditor and over Debtor's objection, the Bankruptcy Court vacated the dismissal of the Chapter 13 case, reinstating the case. Debtor subsequently moved to alter or amend the order reinstating the case, which was denied. Debtor's appeal followed.

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