On November 26,1979, the debtor, Macon Uplands Venture noticed appeal from the November 20, 1979 order of the District Court for the Middle District of Georgia. That order held that the district court had jurisdiction, transferred to that court a voluntary petition action under Chapter 11 of the Bankruptcy Reform Act of 1978 from the United States Bankruptcy Court for the District of Maryland, consolidated that Chapter 11 action with the appeal of the dismissal of the Bankruptcy Act Chapter XII action, and enjoined the debtor from instituting any new bankruptcy proceeding in any court other than the bankruptcy court for the Middle District of Georgia during the pendency of the appeal. On January 22, 1980, The United States Bankruptcy Court for the District of Maryland also ordered the Chapter 11 proceeding transferred to the Bankruptcy Court in Georgia.
In re Macon Uplands Venture,
Orders of transfer and consolidation are interlocutory and are not appealable.
1
Garber v. Randell,
The grant of an injunction, although interlocutory, is appealable under 28 U.S.C. § 1292(a)(1) (1976).
See In re W. F. Hurley,
The debtor also claims that the injunction should be reversed because of procedural irregularities. Appellant shows no prejudice from these claimed irregularities, however, and rejected the district court’s offer of additional time. Record, Vol. II, at 25. Even assuming that procedural errors exist, they are not cause for reversal if no prejudice occurred.
In re W. F. Hurley, Inc.,
The other orders discussed by the debtor were not listed in the notice of appeal, and are not final judgments. We therefore express no opinion on those other issues passed on by the district court.
This case raises interesting questions on the interplay between the Bankruptcy Act and the new Code, and between the power of courts struggling for jurisdiction over a single
res.
For this court to consider these questions, however, would require it to decide issues prematurely, before final judgment by the district court and the bankruptcy court.
See Allen v. Mississippi Comm’n of Law Enforcement,
Notes
. Appellee argued in its brief that transfer and consolidation of the Maryland action with the appeal in the Georgia district court was proper. We note, however, that the Maryland court, with appellee’s agreement, transferred the Chapter 11 proceeding to the United States Bankruptcy Court in Georgia, not to the district court.
In re Macon Uplands Venture,
