California Appellate Tracker

In re Gugliuzza (Gugliuzza v. FTC)

March 30, 2017

A district court or Bankruptcy Appellate Panel order which reverses a bankruptcy court order in part and remands for additional fact-finding is not a final appealable judgment, nor is it otherwise appealable absent certification.

A district court or BAP order which reverses a bankruptcy court order in part and remands for additional fact-finding is not a final judgment appealable under 28 USC 1291, nor absent certification under 28 USC 1292(b) is it otherwise appealable. To the extent In re Bonner Mall Partnership (9th Cir. 1993) 2 F.3d 899, suggested that 28 USC 158 provided appellate jurisdiction over such orders if they raised a purely legal question or appellate resolution of an issue would materially aid the bankruptcy in resolving the litigation, it has been overruled by Bullard v. Blue Hill Bank (2015) 135 S.Ct. 1686.

Ninth Circuit Court of Appeals (Ikuta, J.); March 24, 2017; 2017 WL 1101094

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In re Gugliuzza (Gugliuzza v. FTC)

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