Supreme Court Rules that a Bankruptcy Court's Order Adjudicating A Motion for Relief From the Automatic Stay Constitutes a Final, Immediately Appealable Order

  |  
Article
On Appeal - Newsletter for the Bar Association for the Third Federal Circuit

Generally, in civil litigation, a court’s decision is considered “final” for purposes of appeal when the litigation ends so that there is nothing else for the court to adjudicate—in other words, when an entire case is concluded. The regime in bankruptcy, however, is different. A bankruptcy case, unlike other civil cases, is an aggregation of multiple individual controversies. The Supreme Court previously held in Bullard v. Blue Hills Bank, 575 U.S. 496, 501 (2015) that orders in bankruptcy cases qualify as “final” when they definitively dispose of discrete disputes within the overarching bankruptcy case. With the Bullard decision as a guide, the Supreme Court in Ritzen Group, Inc. v. Jackson Masonry, LLC, 140 S. Ct. 582 (2020) recently addressed the issue of whether a dispositive ruling on a creditor’s motion for relief from the automatic stay is a final, appealable order and unanimously held that a bankruptcy court order unreservedly granting or denying relief from the automatic stay is a final, immediately appealable order.

Read the full article here

Related Professionals

Media Contact

Lauren Kornsey, Senior Manager, Marketing and Business Development

About Potter Anderson

Potter Anderson & Corroon LLP is one of the largest and most highly regarded Delaware law firms, providing legal services to regional, national, and international clients. With more than 90 attorneys, the firm’s practice is centered on corporate law, corporate litigation, intellectual property, commercial litigation, bankruptcy, labor and employment, and real estate.

Jump to Page

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. You may disable these by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.