Teleport Oil Co., In re, No. 85-1662
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | Before WRIGHT, HUG and HALL |
| Citation | 759 F.2d 1376 |
| Parties | 12 Collier Bankr.Cas.2d 913, 12 Bankr.Ct.Dec. 1344, Bankr. L. Rep. P 70,550 In re TELEPORT OIL COMPANY, a California corporation, d/b/a First Oil Company, Debtor. TELEPORT OIL CO., INC., a California corporation, Plaintiff-Appellant, v. SECURITY PACIFIC NATIONAL BANK, et al., Defendants-Appellees. |
| Decision Date | 06 May 1985 |
| Docket Number | No. 85-1662 |
Page 1376
Bankr. L. Rep. P 70,550
First Oil Company, Debtor.
TELEPORT OIL CO., INC., a California corporation, Plaintiff-Appellant,
v.
SECURITY PACIFIC NATIONAL BANK, et al., Defendants-Appellees.
Ninth Circuit.
Decided May 6, 1985.
Page 1377
John Poppin, Poppin & Shier, San Francisco, Cal., for plaintiff-appellant.
James Cameron, Richard Rogan, Robert R. Cross, Broad, Schulz, Larson & Wineberg, San Francisco, Cal., for defendants-appellees.
Appeal from the United States District Court for the Northern District of California.
Before WRIGHT, HUG and HALL, Circuit Judges.
Teleport Oil Company (Teleport), the debtor in bankruptcy, appealed to the district court from the bankruptcy court's order appointing a trustee. Teleport also requested the district court to stay the bankruptcy court order pending appeal. The district court denied Teleport's request for stay, and Teleport appealed the denial of a stay to this court. The appeal from the order appointing a trustee remains pending in the district court. We dismiss for lack of jurisdiction Teleport's appeal from the district court's denial of a stay.
Under 28 U.S.C. Sec. 158(d) (Sec. 158) (formerly 28 U.S.C. Sec. 1293(b)), 1 this court has jurisdiction over "appeals from all final decisions, judgments, orders and decrees" of the district courts in bankruptcy matters. Previous decisions of this court have held that Sec. 1293 replaces the traditional analysis of finality for purposes of appeal conducted under 28 U.S.C. Sec. 1291 (Sec. 1291) with a more flexible approach to finality for bankruptcy appeals.
[B]ankruptcy proceedings are unique ... the rules of finality developed for conventional litigation should not be applied mechanically. Those orders that " 'may determine and seriously affect substantive rights' and 'cause irreparable harm to the losing party if he had to wait to the end of the bankruptcy case' " are immediately appealable.
In re White, 727 F.2d 884, 885 (9th Cir.1984) (quoting In re Mason, 709 F.2d 1313, 1316-17 (9th Cir.1983)). See also In re King City Transit Mix, Inc., 738 F.2d 1065, 1066 (9th Cir.1984). Under this approach, the district court's refusal to stay the appointment of a trustee is not appealable to this court as a final order under Sec. 158. The district court's decision...
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Browning v. Navarro, Nos. 88-1761
...Servs. Industr., 782 F.2d 1267, 1268-69 (5th Cir.1986); In re Barrier, 776 F.2d 1298, 1299 (5th Cir.1985) and In re Teleport Oil Co., 759 F.2d 1376, 1377-78 (9th Cir.1985). When a bankruptcy matter is heard first by a federal district court, 28 U.S.C. Sec. 158 does not govern appeals from i......
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Eddleman v. U.S. Dept. of Labor, No. 88-2793
...771 F.2d 1373, 1374 n. 1 (10th Cir.1985) (courts accord same meaning to sections 1293(b) and 158(d)); In re Teleport Oil Co., 759 F.2d 1376, 1377 n. 1 (9th Cir.1985) (section 1293(b) decisions applicable in section 158 5 In this case, even though the reorganization plan has been approved an......
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Vylene Enterprises, Inc., In re, No. 91-55087
...superfluous. Connecticut Nat'l Bank, 112 S.Ct. at 1149, overruling Teleport Oil Co. v. Security Pac. Nat'l Bank (In re Teleport Oil Co.), 759 F.2d 1376 (9th Cir.1985). Section 1291, of course, affords us jurisdiction over final district court orders outside the bankruptcy We cannot say with......
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First South Sav. Ass'n, In re, No. 87-2318
...of the bankruptcy court's order confirming a plan of reorganization. Following the lead of the Ninth Circuit in In re Teleport Oil Co., 759 F.2d 1376 (9th Cir.1985), we held that mandamus was the only remedy available in the case. See Barrier, 776 F.2d at 1299. In drawing that conclusion, w......
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Browning v. Navarro, Nos. 88-1761
...Servs. Industr., 782 F.2d 1267, 1268-69 (5th Cir.1986); In re Barrier, 776 F.2d 1298, 1299 (5th Cir.1985) and In re Teleport Oil Co., 759 F.2d 1376, 1377-78 (9th Cir.1985). When a bankruptcy matter is heard first by a federal district court, 28 U.S.C. Sec. 158 does not govern appeals from i......
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Eddleman v. U.S. Dept. of Labor, No. 88-2793
...771 F.2d 1373, 1374 n. 1 (10th Cir.1985) (courts accord same meaning to sections 1293(b) and 158(d)); In re Teleport Oil Co., 759 F.2d 1376, 1377 n. 1 (9th Cir.1985) (section 1293(b) decisions applicable in section 158 5 In this case, even though the reorganization plan has been approved an......
-
Vylene Enterprises, Inc., In re, No. 91-55087
...superfluous. Connecticut Nat'l Bank, 112 S.Ct. at 1149, overruling Teleport Oil Co. v. Security Pac. Nat'l Bank (In re Teleport Oil Co.), 759 F.2d 1376 (9th Cir.1985). Section 1291, of course, affords us jurisdiction over final district court orders outside the bankruptcy We cannot say with......
-
First South Sav. Ass'n, In re, No. 87-2318
...of the bankruptcy court's order confirming a plan of reorganization. Following the lead of the Ninth Circuit in In re Teleport Oil Co., 759 F.2d 1376 (9th Cir.1985), we held that mandamus was the only remedy available in the case. See Barrier, 776 F.2d at 1299. In drawing that conclusion, w......