III. Appealability - Final and Interlocutory Orders

JurisdictionNorth Carolina

III. APPEALABILITY - FINAL AND INTERLOCUTORY ORDERS

A district court has jurisdiction to hear appeals from final orders of the bankruptcy court and interlocutory orders increasing or reducing the time of the exclusive periods provided in 11 U.S.C. § 1121, and may grant leave to appeal from interlocutory orders pursuant to 28 U.S.C. § 158(a). A final order is one that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment. An interlocutory judgment or order merely decides an intervening matter and requires further proceedings to resolve the matter on the merits.

Courts of appeals have jurisdiction over appeals from all final decisions, judgments, orders and decrees under Section 158(a)-(b) as well as over appeals described in the "first sentence of subsection (a)" of Section 158, which gives courts of appeals jurisdiction over interlocutory orders entered pursuant to Section 1121...

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