Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?
August 22, 2016
Authored by: Amanda Cartwright and Bryce Suzuki
As the Supreme Court recently reminded us in Bullard v. Blue Hills Bank, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently “final” may be appealed without leave under 28 U.S.C. § 158(a). In light of the numerous parties and controversies involved in a typical bankruptcy case, determining whether an order is “final” can be complicated affair. Thus, finality in bankruptcy is a “flexible standard” applied to discrete disputes that arise within the larger case. See generally 14 Wright, Miller & Cooper, Federal Practice and Procedure § 3926.2 (collecting examples of final and non-final orders). That flexibility, however, has led to disparate results.
In In re Wolff, B.A.P. No. CO-16-016 (B.A.P. 10th Cir.