In Re Lena Albert Fleek, Debtor.lena Albert Fleek, Plaintiff-appellant, v. Gerald M. O'donnell, Trustee, Defendant-appellee, 915 F.2d 1564 (4th Cir. 1990)

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US Court of Appeals for the Fourth Circuit - 915 F.2d 1564 (4th Cir. 1990) Submitted Jan. 30, 1990. Decided Oct. 9, 1990

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, District Judge. (CA-89-998-A)

Lena Albert Fleek, appellant pro se.

Gerald M. O'Donnell, appellee.

E.D. Va.

DISMISSED.

Before WILKINSON and WILKINS, Circuit Judges, and HARRISON L. WINTER,*  Senior Circuit Judge.

PER CURIAM:


Lena Albert Fleek appeals from the district court's order affirming the bankruptcy court's order requiring her to provide O'Donnell, the Chapter 7 trustee, information concerning the ownership of a corporation of which Fleek once claimed to be the sole shareholder. Additionally, the district court remanded Fleek's motions on appeal to the bankruptcy court.

Under 28 U.S.C. § 158 district courts may entertain appeals from interlocutory orders of the bankruptcy courts. However, under 28 U.S.C. § 158(d), both the district court and the bankruptcy court orders must be final before this Court has jurisdiction over the appeal. In re Looney, 823 F.2d 788, 790 n. 3 (4th Cir.), cert. denied, 484 U.S. 977 (1987).

In the present case, neither the bankruptcy court's order nor the district court's order was a final order. Therefore, finding no basis for appellate jurisdiction, we dismiss the appeal as interlocutory. We dispense with oral argument because the dispositive issues have been decided authoritatively.

DISMISSED.

 *

Senior Judge Winter participated in the consideration of this appeal, but died prior to the time the decision was filed. The decision is filed by a quorum of the panel. 28 U.S.C. § 46(d)

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