In re Radtke

Decision Date27 April 1976
Docket NumberNo. 75-B-1443.,75-B-1443.
Citation411 F. Supp. 105
PartiesIn re Ronald James RADTKE, Bankrupt.
CourtU.S. District Court — Eastern District of Wisconsin

S. A. Schapiro, Milwaukee, Wis., for bankrupt.

John A. Wittig, Milwaukee, Wis., Trustee.

MEMORANDUM AND ORDER

WARREN, District Judge.

This is an appeal whereby the bankrupt named above challenges an order entered in the bankruptcy court for this judicial district on October 22, 1975. Said order permitted an extension of time for an unsecured creditor to file an objection to the execution of the bankrupt's discharge.

While the "Notice of Review and Petition for Review" filed November 3, 1976 recites no basis of jurisdiction, it appears that the appellant proceeds under the provisions of § 39(c) of the Bankruptcy Act, 11 U.S.C. § 67(c). This statute reads as follows:

"(c) A person aggrieved by an order of a referee may, within ten days after the entry thereof or within such extended time as the court upon petition filed within such ten-day period may for cause shown allow, file with the referee a petition for review of such order by a judge and serve a copy of such petition upon the adverse parties who were represented at the hearing. Such petition shall set forth the order complained of and the alleged errors in respect thereto. Unless the person aggrieved shall petition for review of such order within such ten-day period, or any extension thereof, the order of the referee shall become final. Upon application of any party in interest, the execution or enforcement of the order complained of may be suspended by the court upon such terms as will protect the rights of all parties in interest."

Ten days subsequent to October 22, 1975 was November 1, 1975. Because the latter date fell on a Saturday, the Court deems the petition for review to be timely although it was not filed until the following Monday. See: Rule 6(a), Federal Rules of Civil Procedure. For the reasons set out in this opinion, however, no action on the merits of the appeal is to be undertaken at this point in the proceedings.

It is apparent from the record in this matter that no order finally determining the rights of any party is at issue here. While the terms of section 39(c) place no express restrictions upon orders reviewable by this Court, it is thought that such orders should reach ultimate issues of recovery or liability as among the contending parties. When an order of the bankruptcy court is essentially interlocutory in nature, as in the case at...

To continue reading

Request your trial
8 cases
  • In re Tidewater Group, Inc.
    • United States
    • U.S. District Court — Northern District of Georgia
    • August 13, 1982
    ...order for review, even one that was preliminary or interlocutory, was not reversible error. 1 Collier, supra, ¶ 3.03f; See In re Radtke, 411 F.Supp. 105 (E.D.Wis.1976). The appealability of district court orders to the court of appeals turned on whether the order arose from a "proceeding in......
  • In re Geiger Enterprises, Inc., CIV-80-1109C.
    • United States
    • U.S. District Court — Western District of New York
    • February 1, 1982
    ...courts have been generally reluctant to hear appeals of matters which relate only to preliminary, non-final orders. In re Radtke, 411 F.Supp. 105 (E.D. Wis.1976); In re H.S. Dorf & Co., 309 F.2d 151 (2d Cir. 1962); In re Durensky, 519 F.2d 1024 (5th Cir. The Bankruptcy Reform Act of 1978 co......
  • In re Manville Forest Products Corp.
    • United States
    • U.S. District Court — Southern District of New York
    • July 14, 1983
    ...of extensions of time. Such orders have not generally been thought appropriate for interlocutory appeal from bankruptcy. In re Radtke, 411 F.Supp. 105 (E.D.Wis.1976); In re Den-Col Cartage & Distribution, Inc., 20 B.R. 645, 647 (D.Colo.1982) (dictum). I note, however, that applications for ......
  • Roslyn Sav. Bank v. Vaniman Intern., Inc.
    • United States
    • U.S. District Court — Eastern District of New York
    • January 5, 1981
    ...the bankruptcy judge vacated its decision of October 15, 1980 and entered its decision denying the stay. 2 See, e.g. In re Radtke, 411 F.Supp. 105 (E.D. Wis.1976). 3 See Bankruptcy Rules 401, 601 and ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT