795 F.3d 288
1st Cir.2015Background
- Debtors González and Reyes filed a Chapter 13 petition that was later converted to Chapter 7 in Puerto Rico.
- Sitka filed a state-court action against the Trustee and others in 2012; the case was removed to bankruptcy court as a core proceeding.
- Bankruptcy court denied Sitka's motions for a jury trial and for remand on February 20, 2013.
- Sitka appealed those denials to the district court under 28 U.S.C. § 158; the district court dismissed for lack of finality of the orders.
- The district court’s decision was that the bankruptcy orders were non-final; Sitka appealed to the Court of Appeals, which dismissed for lack of jurisdiction.
- The court comments on Stern v. Marshall and potential continuations of related proceedings, but dismisses this appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bankruptcy court orders were final and appealable | Sitka argues the orders are appealable | Segarra argues the orders are not final | No; orders are not final and thus not appealable |
Key Cases Cited
- In re Popkin & Stern, 105 F.3d 1248 (8th Cir. 1997) (finality requires resolution of discrete issues; here, merits not resolved)
- In re American Colonial Broad. Corp., 758 F.2d 794 (1st Cir. 1985) (finality in bankruptcy is limited to discrete issues)
- City of Morgantown, v. Royal Ins. Co., 337 U.S. 254 (1949) (jury-trial denial not final; not immediately appealable)
- BIW Deceived v. Local S6, Indus. Union of Marine & Shipbuilding Workers, 132 F.3d 824 (1st Cir. 1997) (refusal to remand is non-final; not immediately appealable)
- Beightol v. UBS Painewebber, Inc., 354 F.3d 187 (2d Cir. 2004) (abstention/refusal to abstain not final; determines where case will be adjudicated)