U.S. Supreme Court,
Civil Litigation,
Bankruptcy
May 29, 2019
Are stay relief denials automatically appealable?
On May 20, the U.S. Supreme Court granted certiorari in Ritzen to address the question of whether an order denying a motion for relief from the automatic stay is a final order under Section 158(a). T
David S. Kupetz
Shareholder
SulmeyerKupetz PC
333 S Grand Avenue, Suite 3400
Los Angeles , CA 90071-1406
Fax: (213) 629-4520
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UC Hastings College of the Law
David is an expert in bankruptcy, business reorganization, restructuring, assignments for the benefit of creditors, and other insolvency solutions.
Ordinary civil litigation in federal district court culminates in a final decision. Under its conclusive ruling, the district court disassociates itself from the case. "A party can typically appeal as of right only from that final decision." Bullard v. Blue Hills Bank, 135 S. Ct. 1686, 1691 (2015). This general rule is designed to prevent efficient judicial admin...
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