[Download] "In re Phoenix Coal Co." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: In re Phoenix Coal Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 23, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Order Plaintiff appeals the district court order remanding plaintiff's case to the bankruptcy court for further factual findings. Defendants move to dismiss the appeal for lack of jurisdiction. Plaintiff responds in opposition. In moving for dismissal, defendants state that plaintiff's notice of appeal is premature. Pursuant to 28 U.S.C. § 158(d) this court has jurisdiction in bankruptcy matters in appeals from all final decisions, judgments, orders and decrees of district courts sitting in review of bankruptcy courts. In re: Vause, 886 F.2d 794 (6th Cir. 1989). The fact that the district court remands a case to the bankruptcy court does not automatically destroy finality of the order. If, however, the district court remands for factual determination on an issue central to the case, the order is not appealable because the case cannot be resolved properly until the necessary factual findings are made. In re: Gardner, 810 F.2d 87 (6th Cir. 1987); see also United States v. Arnold, 878 F.2d 925 n.2 (6th Cir. 1989). Upon review and consideration, we conclude that the district court's order is not appealable.
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