McGann, et al. v. Jagow
- Summarized by Leo Weiss , Office of the U.S. Trustee
- 10 months 6 days ago
- Case Type:
- Consumer
- Case Status:
- Dismissed
- Citation:
- 24-1057 (10th Circuit, Feb 27,2024) Not Published
- Tag(s):
-
- Ruling:
- Circuit court dismissed pro se debtor's appeal from a bankruptcy appellate panel order denying her emergency motion for a stay pending appeal. The Circuit found that the BAP order was not a "final appealable order." The Court also found that 28 U.S.C. §1292 does not permit an interlocutory appeal from a BAP ruling. The Circuit Court dismissed the appeal for lack of jurisdiction. It further found that the finality of the bankruptcy court order based upon a post-appeal denial of a motion to reconsider was not a basis for an appeal from the order denying the stay pending appeal.
- Procedural context:
- The bankruptcy court granted the Chapter 7 trustee's motion for entry onto the debtor's real property. The debtor filed a motion to reconsider and a stay pending appeal. The bankruptcy court denied the stay pending appeal. The debtor then sought a stay from the bankruptcy appellate panel which denied the stay as well. That order was appealed to the circuit court. The motion to reconsider was denied by the bankruptcy court while the appeal to the circuit court was pending. Although, that order was final and appealable it was not the order on appeal.
- Facts:
- The bankruptcy court granted the Chapter 7 trustee's motion for entry onto the debtor's real property. The debtor filed a motion to reconsider and a stay pending appeal. The bankruptcy court denied the stay pending appeal. The debtor then sought a stay from the bankruptcy appellate panel which denied the stay as well. That order was appealed to the circuit court. The motion to reconsider was denied by the bankruptcy court while the appeal to the circuit court was pending. Although, that order was final and appealable it was not the order on appeal.
- Judge(s):
- Matheson, Bacharach and Eid
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