U.S. Supreme Court,
Bankruptcy
Jan. 16, 2020
Supreme Court says ordinary understanding of ‘final decision’ isn’t dispositive in bankruptcy appeals
In an opinion issued on Tuesday, the Supreme Court addressed “the finality of, and therefore the time allowed for appeal from, a bankruptcy court’s order denying a creditor’s request for relief from the automatic stay.”
David S. Kupetz
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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.
Upon the commencement of a bankruptcy case, an automatic stay goes into effect. 11 U.S.C. Section 362. It is self-executing and no court order is required. The effect of the automatic stay is to prohibit and invalidate certain post-bankruptcy actions taken against the debtor, property of the debtor, or property of the bankruptcy estate. The purpose of the stay is to give the debtor a breathing spell from creditor action; to achieve an equality of distribution of prope...
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