Legal Opinion

In re City of Detroit

United States Bankruptcy Court, E.D. Michigan

Decided December 20, 2013No. 13-53846PublishedCited by 10 opinions

1Opinion of the Court

Memorandum Regarding:

I. Certification Under 28 U.S.C. § 158(d) (2) (A) (i)

II. Recommendation on Whether Direct Appeals Should Be Authorized

and

III. Parties’ Request to Recommend Expedited Consideration of Appeals

STEVEN RHODES, Bankruptcy Judge.

Summary

Under 28 U.S.C. § 158(d)(2)(A), a court of appeals has jurisdiction over a direct appeal upon two conditions:(1) a certification that one of the circumstances identified in subsections (i), (ii) or (iii) of § 158(d)(2)(A) exists; and(2) an authorization for the direct appeal by the court of appeals.

These conditions raise separate and distinct…

2Cases cited165 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  3. Warth v. SeldinSupreme Court of the United States · 1975
  4. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  5. Baker v. CarrSupreme Court of the United States · 1962

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3Cited by10 opinions

  1. Boler v. EarleyCourt of Appeals for the Sixth Circuit · 2017
  2. William Ochadleus v. City of DetroitCourt of Appeals for the Sixth Circuit · 2016
  3. Pontiac Police & Fire Retiree Prefunded Group Health & Insurance Trust Board of Trustees v. City of Pontiac No 1Michigan Court of Appeals · 2015
  4. Bricklayers & Trowel Trades International Pension Fund v. Wasco, Inc.District Court, M.D. Tennessee · 2015
  5. Kentucky Employees Retirement System v. Seven Counties Services, Inc. (In re Seven Counties Services, Inc.)United States Bankruptcy Court, W.D. Kentucky · 2014

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