Fox, Matter of, 84-2541
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | Before WOOD, POSNER and FLAUM; POSNER |
| Citation | 762 F.2d 54 |
| Parties | 12 Collier Bankr.Cas.2d 1136, 13 Bankr.Ct.Dec. 182 In the Matter of Richard Lee FOX and Marlyce Kay Fox, Debtors. Appeal of Peter F. HERRELL, Trustee in Bankruptcy. |
| Docket Number | No. 84-2541,84-2541 |
| Decision Date | 13 May 1985 |
Page 54
Appeal of Peter F. HERRELL, Trustee in Bankruptcy.
Seventh Circuit.
Decided May 13, 1985.
Peter F. Herrell, Jordan, Herrell & Thiel, Eau Claire, Wis., for plaintiff.
Allan Ohm, Mattka, Robertson & Ohm, Galesville, Wis., for defendant.
Before WOOD, POSNER and FLAUM, Circuit Judges.
Page 55
POSNER, Circuit Judge.
A trustee in bankruptcy appeals from the district judge's reversal of a bankruptcy judge's disallowance of the claims of two banks to participate in the bankrupt estate as unsecured creditors. The banks are seeking the difference between what the debtors owed them on their loans and what selling the properties by which the loans were secured have yielded or will yield the banks. The only question we shall have to decide, however, is whether we have jurisdiction of the appeal.
Our recent decisions in In re Riggsby, 745 F.2d 1153 (7th Cir.1984), and Firestone Tire & Rubber Co. v. Goldblatt Bros., Inc., 758 F.2d 1248 (7th Cir.1985), provide the framework for analyzing the question, and familiarity with those decisions is assumed. As explained in them, under both the current provision governing bankruptcy appeals (28 U.S.C. Sec. 158, adopted last summer) and the immediate predecessor to that provision (28 U.S.C. Sec. 1293, superseded by last summer's amendments), only final orders by the district courts in bankruptcy cases are appealable to the courts of appeals. But even under the new provision, "final" does not mean the same thing in bankruptcy as in other federal cases. A proceeding to establish a claim against a bankrupt estate is final for purposes of appeal when it is over and done with, even though the bankruptcy goes on. Hence if the district court had affirmed the bankruptcy judge's disallowance of the banks' claims, the affirmance would have been a final decision appealable to us. But the district court did not affirm; it reversed and remanded for further proceedings to figure out not only how much money the banks were entitled to but how much each of them would get from the remaining, and insufficient, assets of the estate.
Although a district judge's decision remanding a case to a bankruptcy judge normally is not final for purposes of appeal, it is final for those purposes if all that remains to do on remand is a purely...
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In re Dow Corning Corp., Bankruptcy No. 95-20512.
...("An order expunging a creditor's claim in an ongoing bankruptcy proceeding is a final order immediately appealable. . . ."); In re Fox, 762 F.2d 54, 55 (7th Cir.1985) ("A proceeding to establish a claim against a bankrupt estate is final for purposes of appeal when it is over and done with......
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Richardson v. Gramley, 90-1527
...to subsequent proceedings. Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737, 744, 96 S.Ct. 1202, 1206, 47 L.Ed.2d 435 (1976); In re Fox, 762 F.2d 54, 55 (7th Cir.1985); In re Goldblatt Bros., 758 F.2d 1248, 1250 (7th Cir.1985). So, in a criminal case, a judgment of conviction is not final, b......
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In re Kmart Corp., 02 B 2474.
...The Seventh Circuit has observed that "`final' does not mean the same thing in bankruptcy as in other federal cases." Matter of Fox, 762 F.2d 54, 55 (7th Cir.1985). It is recognized, however, that a proceeding to establish a claim against the bankrupt estate is final "when it is over and do......
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In re Saxman, 01-35620.
...pay per month; it does not require anything beyond the task of computing the partial discharge of Saxman's loan. As noted in In re Fox, 762 F.2d 54 (7th Cir.1985), "if all that remains to do on remand is a purely mechanical [or] computational ... task," such that the proceedings on remand a......
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In re Kmart Corp., No. 02 B 2474.
...The Seventh Circuit has observed that "`final' does not mean the same thing in bankruptcy as in other federal cases." Matter of Fox, 762 F.2d 54, 55 (7th Cir.1985). It is recognized, however, that a proceeding to establish a claim against the bankrupt estate is final "when it is over and do......
-
In re Dow Corning Corp., Bankruptcy No. 95-20512.
...("An order expunging a creditor's claim in an ongoing bankruptcy proceeding is a final order immediately appealable. . . ."); In re Fox, 762 F.2d 54, 55 (7th Cir.1985) ("A proceeding to establish a claim against a bankrupt estate is final for purposes of appeal when it is over and done with......
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In re Saxman, No. 01-35620.
...pay per month; it does not require anything beyond the task of computing the partial discharge of Saxman's loan. As noted in In re Fox, 762 F.2d 54 (7th Cir.1985), "if all that remains to do on remand is a purely mechanical [or] computational ... task," such that the proceedings on remand a......
-
Richardson v. Gramley, No. 90-1527
...to subsequent proceedings. Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737, 744, 96 S.Ct. 1202, 1206, 47 L.Ed.2d 435 (1976); In re Fox, 762 F.2d 54, 55 (7th Cir.1985); In re Goldblatt Bros., 758 F.2d 1248, 1250 (7th Cir.1985). So, in a criminal case, a judgment of conviction is not final, b......