Belli v. Temkin (In Re Belli)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
MARLAR, Bankruptcy Judge.
This appeal presents a basic problem of federal trial practice and illustrates the role of Federal Rule of Civil Procedure 54(b) (“Rule 54(b)”) in distinguishing final from interlocutory orders in appeals involving bankruptcy adversary proceedings.
In an adversary proceeding on a two-count complaint to determine nondis-chargeability of a debt, the bankruptcy court granted summary judgment for the plaintiff-creditor on only one count and neither resolved nor dismissed the second count. Moreover, the court did not make a Rule 54(b) certification, which would…
2Cases cited27 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Catlin v. United StatesSupreme Court of the United States · 1945
- Curtiss-Wright Corp. v. General Electric Co.Supreme Court of the United States · 1980
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
- Stringfellow v. Concerned Neighbors in ActionSupreme Court of the United States · 1987
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3Cited by47 opinions
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- DeNoce v. Neff (In Re Neff)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Miller v. Snavely (In Re Snavely)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- In Re Pacific Gas & Electric Co.District Court, N.D. California · 2002
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