Herrington v. Swyter (In Re Swyter)

MEMORANDUM OPINION

ELLIS, District Judge.

The threshold question in this bankruptcy appeal is whether the order appealed from — an order expanding the powers of an examiner appointed to oversee the debtor’s actions (“Order”) — is final under 28 U.S.C. § 158 or otherwise appealable.

I

Appellant Arthur Herrington is a limited partner in five limited partnerships: (i) Heathrow Business Center, (ii) Red Branch Partners, (iii) Lockport Business Center, (iv) Guilford Partners, and (v) Eastpoint Business Center. The debtor is the sole general partner in each of these limited partnerships. In 1993,…