Legal Opinion

McDow v. Dudley

Court of Appeals for the Fourth Circuit

Decided November 30, 2011No. 10-1732PublishedCited by 45 opinions

1Opinion of the Court

Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Judge AGEE joined.

OPINION

NIEMEYER, Circuit Judge:

The issue presented by this appeal is whether an order denying the U.S. Trustee’s motion to dismiss a debtor’s Chapter 7 bankruptcy case as abusive under 11 U.S.C. § 707(b) is a final order appealable under 28 U.S.C. § 158(a). The district court dismissed the U.S. Trustee’s appeal, ruling that the bankruptcy court’s order was interlocutory and therefore not ap-pealable to the district court.

Because of the particular effect that an order denying…

2Cases cited19 opinions

  1. A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
  2. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  3. In re Amatex Corp.Court of Appeals for the Third Circuit · 1985
  4. In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
  5. In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997

14 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Robert Ranta v. Thomas GormanCourt of Appeals for the Fourth Circuit · 2013
  2. Roee Kiviti v. Naveen BhattCourt of Appeals for the Fourth Circuit · 2023
  3. Speer v. Chapter 7 Trustee Tow (In re Royce Homes LP)United States Bankruptcy Court, S.D. Texas · 2012
  4. Aspen Skiing Co. v. Cherrett (In Re Cherrett)Court of Appeals for the Ninth Circuit · 2017
  5. In re: Paul Richard Cherrett and Colleen Courtney CherrettUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014

40 more not listed; retrieve them via the Exa API.

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