Legal Opinion · Dissent

In Re Wingerter

Bankruptcy Appellate Panel of the Sixth Circuit

Decided October 8, 2008No. BAP 07-8063Published

1DissentMarcia Phillips Parsons, Chief Judge

Because I conclude that this appeal is neither moot nor impermissibly seeks a advisory opinion, and that it presents a dispute ripe for review, I respectfully dissent. Additionally, as discussed below, I respectfully would reverse the order of the *871bankruptcy court on the merits of this appeal.

As to the ripeness issue, the majority divides the bankruptcy court’s order into two parts: the conclusion that B-Line violated Rule 9011 in the instant case and the court’s directives regarding the filing of future proofs of claim. According to the majority, the former is final although moot because no…

2Cases cited17 opinions

  1. National Rifle Ass'n of America v. MagawCourt of Appeals for the Sixth Circuit · 1997
  2. Glatter v. MrozCourt of Appeals for the Eleventh Circuit · 1995
  3. Lorraine v. Markel American InsuranceDistrict Court, D. Maryland · 2007
  4. Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. Annelore B. Norton and Lois Greiffendorf v. John AshcroftCourt of Appeals for the Sixth Circuit · 2002

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