Legal Opinion
Frakes v. Arch Coal, Inc. (In re Arch Coal, Inc.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided December 6, 2018No. 18-6020PublishedCited by 2 opinions
1Opinion of the Court
SALADINO, Chief Judge.
*855Appellants, Michael and Jennifer Frakes, appeal the July 3, 2018, order of the bankruptcy court1 denying their "Amended Motion for Determination that Confirmation Order Does Not Bar a State Court Action Relating to the Springfield, Illinois Coal Contract." For the reasons discussed below, we dismiss this appeal as premature.
We have jurisdiction to hear appeals "from final judgments, orders, and decrees[.]" 28 U.S.C. § 158(a)(1) and (b)(1). An order is considered final if "(1) [it] leaves the bankruptcy court nothing to do but execute the order, (2) delay in obtaining…
2Cases cited6 opinions
- OUTDOOR CENTRAL, INC. v. GreatLodge. Com, Inc.Court of Appeals for the Eighth Circuit · 2011
- Bankr. L. Rep. P 77,458 First National Bank Eureka State Bank v. Herbert Warren Allen, III Donna Mae AllenCourt of Appeals for the First Circuit · 1997
- Nebraska Ex Rel. Linder v. Strong (In Re Strong)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
- General Electric Capital Corp. v. MacHinery, Inc. (In Re MacHinery, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002
- U.S. Bank National Ass'n v. Lewis & Clark Apartments, LP (In re Lewis & Clark Apartments, LP)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
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3Cited by2 opinions
- BMO Harris Bank N.A., as Successor to M&I Marshall and Ilsley Bank v. KelleyDistrict Court, D. Minnesota · 2020
- Kelley v. BMO Harris Bank N.A., as successor to M&I Marshall and IIsley BankDistrict Court, D. Minnesota · 2020