Legal Opinion

In Re Ernest Dykes Charlene Dykes, Debtors. General Motors Acceptance Corporation v. Ernest Dykes and Charlene Dykes, Charles J. Dehart, Iii, Trustee

Court of Appeals for the Third Circuit

Decided November 30, 1993No. 93-7235PublishedCited by 67 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question for decision in this appeal from a district court judgment affirming a bankruptcy court order is whether Debtor-Appellants Ernest and Charlene Dykes were “persons aggrieved” by the bankruptcy court’s order, thereby conferring upon them standing to appeal the order to the district court and, in turn, to appeal that judgment to this court. We hold that Appellants are not “persons aggrieved.” We therefore dismiss this appeal and remand this case to the district court with a direction to dismiss Appellants’ appeal from the bankruptcy…

2Cases cited15 opinions

  1. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  4. In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. RobertsonCourt of Appeals for the Ninth Circuit · 1983
  5. In Re El San Juan Hotel, Debtor, Appeal of Hector M. Rodriguez-EstradaCourt of Appeals for the First Circuit · 1987

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3Cited by67 opinions

  1. In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
  2. In Re: Pws Holding Corporation Bruno's, Inc Food Max of Mississippi, Inc A.F. Stores, Inc Br Air, Inc. Food Max of Georgia, Inc Food Max of Tennessee, Inc Foodmax, Inc Lakeshore Foods, Inc Bruno's Food Stores, Inc Georgia Sales Company Sss Enterprise, Inc W.R. Huff Asset Management Co., L.L.C., in 00-5042 Hsbc Bank Usa, as Indenture Trustee for the 10.5% Senior Subordinated Notes, in 00-5074Court of Appeals for the Third Circuit · 2000
  3. In Re: O'Brien Environmental Energy, Inc., Debtor Calpine Corporation v. O'Brien Environmental Energy, Inc., Now Known as Nrg Generating (u.s.), IncCourt of Appeals for the Third Circuit · 1999
  4. In Re Troutman Enterprises, Inc., Debtor. Donald F. Harker Iii, Trustee v. Rufus Troutman, Terry Troutman, and Lester TroutmanCourt of Appeals for the Sixth Circuit · 2002
  5. In re W.R. Grace & Co.District Court, D. Delaware · 2012

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