Ryther, In re, No. 84-4271

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore GOODWIN, WALLACE, and FERGUSON; WALLACE
Citation799 F.2d 1412
Docket NumberNo. 84-4271
Decision Date19 September 1986
PartiesBankr. L. Rep. P 71,469 In re Charles C. RYTHER, dba Rogue Lumber Sales, dba T & R Wood Products and Sandra Storey Ryther, aka Sandra S. Sager, dba Eagle Forest Products, Debtors. Charles C. RYTHER, dba Rogue Lumber Sales, dba T & R Wood Products, Appellant, v. LUMBER PRODUCTS, INC., Appellee.

Page 1412

799 F.2d 1412
Bankr. L. Rep. P 71,469
In re Charles C. RYTHER, dba Rogue Lumber Sales, dba T & R
Wood Products and Sandra Storey Ryther, aka Sandra
S. Sager, dba Eagle Forest Products, Debtors.
Charles C. RYTHER, dba Rogue Lumber Sales, dba T & R Wood
Products, Appellant,
v.
LUMBER PRODUCTS, INC., Appellee.
No. 84-4271.
United States Court of Appeals,
Ninth Circuit.
Argued and Submitted July 9, 1986.
Decided Sept. 19, 1986.

Page 1413

Daniel D. Phillips, Grants Pass, Or., for appellant.

Ronald G. Freeman, Eugene, Or., for appellee.

Appeal from the United States District Court for the District of Oregon.

Before GOODWIN, WALLACE, and FERGUSON, Circuit Judges.

WALLACE, Circuit Judge:

Ryther appeals from the district court's denial of his application for leave to appeal a bankruptcy court order allowing the sheriff's office to deliver a deed to Lumber Products, Inc. (Lumber Products). We dismiss his appeal for lack of jurisdiction.

I

On January 25, 1983, Lumber Products purchased at a sheriff's sale certain real property owned by Ryther. Pursuant to Oregon Revised Statutes section 23.560 (1983) (amended 1985), Ryther was granted a period of one year from the date of sale to redeem the property from Lumber Products. On January 23, 1984, Ryther gave notice to Lumber Products that he intended to redeem the property on January 25, 1984. Later on January 23, Ryther filed a chapter 11 bankruptcy petition in which he listed the right of redemption as part of his estate.

On March 28, 1984, Lumber Products moved the bankruptcy court for an order allowing the sheriff's office to deliver a sheriff's deed for the property to Lumber Products. Ryther had not redeemed the property by this date. On June 11, the bankruptcy court entered an order granting Lumber Products' motion. Ryther then applied to the district court for leave to appeal the "interlocutory" order of the bankruptcy court. On September 11, the district court denied Ryther's application for leave to appeal. Ryther then filed a notice of appeal to this court. 1

Ryther argues that his one-year statutory redemption period under Oregon Revised Statutes section 23.560 (1983) (amended 1985) was automatically and indefinitely stayed under 11 U.S.C. Sec. 362(a) by his filing a petition for bankruptcy prior to the end of the one-year period. Therefore, he argues, the legal title to the property remained in his estate, and the bankruptcy court erred in granting the motion allowing the sheriff to deliver the deed to Lumber Products.

Lumber Products argues that the bankruptcy court correctly ruled that 11 U.S.C.

Page 1414

Sec. 108(b) exclusively controls the extension of post-petition redemption periods. See Johnson v. First National Bank, 719 F.2d 270, 275-78 (8th Cir.1983) (section 362(a) prohibits only certain types of affirmative actions; interpreting section 362(a) to extend indefinitely to statutory redemption period would render section 108(b) superfluous), cert. denied, 465 U.S. 1012, 104 S.Ct. 1015, 79 L.Ed.2d 245 (1984). Since its motion for delivery of the deed was filed after the 60-day extension provided by section 108(b) had expired, Lumber Products argues that the bankruptcy court properly granted its motion.
II

Before turning to the merits of this question, we must determine whether we have appellate jurisdiction. In the realm of bankruptcy, the district courts have jurisdiction to hear appeals from final bankruptcy orders, and may grant leave to hear appeals from interlocutory orders. 28 U.S.C. Sec. 158(a). We have jurisdiction of appeals from all final orders entered by district courts in appeals from orders of bankruptcy courts. 28 U.S.C. Sec. 158(d). If the order of a bankruptcy court is interlocutory, we have no jurisdiction to hear an appeal from the judgment of the district court. King v. Stanton (In re Stanton), 766 F.2d 1283, 1285 & n. 5 (9th Cir.1985).

When the bankruptcy court entered the order granting Lumber Products' motion for delivery of the deed, Ryther treated the order as interlocutory and filed an application for...

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34 practice notes
  • Jue v. Liu (In re Liu), BAP Nos. CC-19-1039-STaF
    • United States
    • Bankruptcy Appellate Panels. U.S. Bankruptcy Appellate Panel, Ninth Circuit
    • February 11, 2020
    ...of appeal to preserve their rights whether the matter was final or interlocutory. See Ryther v. Lumber Products, Inc. (In re Ryther) , 799 F.2d 1412, 1414 (9th Cir. 1986) ; see also Silver Sage Partners, Ltd. v. City of Desert Hot Springs (In re City of Desert Hot Springs) , 339 F.3d 782, 7......
  • In re City of Desert Hot Springs, No. 02-55835.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 29, 2003
    ...that a decision of the bankruptcy court is final, we will not consider such an argument. Ryther v. Lumber Products Inc. (In re Ryther), 799 F.2d 1412, 1414 (9th Cir.1986). In Ryther, we noted that if a litigant is unsure about the nature of an order, the litigant should file both a notice t......
  • In re City of Desert Hot Springs, No. 02-55835.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 29, 2003
    ...that a decision of the bankruptcy court is final, we will not consider such an argument. Ryther v. Lumber Products Inc. (In re Ryther), 799 F.2d 1412, 1414 (9th Cir.1986). In Ryther, we noted that if a litigant is unsure about the nature of an order, the litigant should file both a notice t......
  • In re Hamakua Sugar Co., Inc., Bankruptcy No. 92-00865. Civ. No. 94-00602MP.
    • United States
    • U.S. District Court — District of Hawaii
    • October 3, 1994
    ...bankruptcy court appealed from was final or interlocutory, and, also, whether this court has appellate jurisdiction. See In re Ryther, 799 F.2d 1412 (9th The bankruptcy court's Turnover Order of July 14, 1993, resulted from the court's oral ruling of June 11, 1993, and contained the followi......
  • Request a trial to view additional results
34 cases
  • Jue v. Liu (In re Liu), BAP Nos. CC-19-1039-STaF
    • United States
    • Bankruptcy Appellate Panels. U.S. Bankruptcy Appellate Panel, Ninth Circuit
    • February 11, 2020
    ...of appeal to preserve their rights whether the matter was final or interlocutory. See Ryther v. Lumber Products, Inc. (In re Ryther) , 799 F.2d 1412, 1414 (9th Cir. 1986) ; see also Silver Sage Partners, Ltd. v. City of Desert Hot Springs (In re City of Desert Hot Springs) , 339 F.3d 782, 7......
  • In re City of Desert Hot Springs, No. 02-55835.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 29, 2003
    ...that a decision of the bankruptcy court is final, we will not consider such an argument. Ryther v. Lumber Products Inc. (In re Ryther), 799 F.2d 1412, 1414 (9th Cir.1986). In Ryther, we noted that if a litigant is unsure about the nature of an order, the litigant should file both a notice t......
  • In re City of Desert Hot Springs, No. 02-55835.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • April 29, 2003
    ...that a decision of the bankruptcy court is final, we will not consider such an argument. Ryther v. Lumber Products Inc. (In re Ryther), 799 F.2d 1412, 1414 (9th Cir.1986). In Ryther, we noted that if a litigant is unsure about the nature of an order, the litigant should file both a notice t......
  • In re Hamakua Sugar Co., Inc., Bankruptcy No. 92-00865. Civ. No. 94-00602MP.
    • United States
    • U.S. District Court — District of Hawaii
    • October 3, 1994
    ...bankruptcy court appealed from was final or interlocutory, and, also, whether this court has appellate jurisdiction. See In re Ryther, 799 F.2d 1412 (9th The bankruptcy court's Turnover Order of July 14, 1993, resulted from the court's oral ruling of June 11, 1993, and contained the followi......
  • Request a trial to view additional results

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