Section 2.32 Decisions Reviewable

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

B. (§2.32) Decisions Reviewable

Review may be sought of bankruptcy court final judgments, orders, and decrees; interlocutory orders issued under 11 U.S.C. § 1121(d); and, with leave of the court, other interlocutory orders and decrees, in accordance with 28 U.S.C. § 158.

The Eighth Circuit has adopted a three-factor test to determine whether a bankruptcy court order is final for purposes of § 158(d), considering “the extent to which[:]

(1) the order leaves the bankruptcy court nothing to do but execute the order,

(2) delay in obtaining review would prevent the aggrieved party from obtaining effective relief, and

(3) a later reversal on that issue would require re-commencement of the entire proceeding.”

First Nat’l Bank v. Allen, 118 F.3d 1289, 1293 (8^th Cir.1997) (quoting In re Broken Bow Ranch, Inc., 33 F.3d 1005 (8^th Cir. 1994) (quoting Kubicik v. Apex Oil Co., 884 F.2d 343 (8^th Cir. 1989))).

The following orders have been held to be final:

· Order approving the sale of property of the estate, In re Sax, 796 F.2d 994 (7^th Cir. 1986)

· Order denying a claimed exemption, In re Huebner, 986 F.2d 1222 (8^th Cir. 1993)

· Order resolving request for appointment of Chapter 11 trustee, Comm. of Dalkon Shields Claimants v. A.H. Robins Co., 828 F.2d 239 (4^th Cir. 1987)

· Order denying confirmation and dismissing bankruptcy case, In re Michels, 305 B.R. 868...