Frakes v. Arch Coal, Inc., No. 18-6020 (8th Cir. 2018)
Annotate this CaseThe Bankruptcy Appellate Panel dismissed appellants' appeal of the bankruptcy court's denial of their "Amended Motion for Determination that Confirmation Order Does Not Bar a State Court Action Relating to the Springfield, Illinois Coal Contract." The panel held that the bankruptcy court's order was not final, and thus the panel did not have jurisdiction to review it. In this case, the bankruptcy court did not direct entry of a final judgment or expressly determine there was no just reason for delay in entering a final judgment.
Court Description: Chief Judge Saladino, Author, with Shodeen and Dow, Bankruptcy Judges] Bankruptcy Appellant Panel. Bankruptcy court's denial of a motion to determine that confirmation order does not bar a state court action is not a final appealable order, as the denial of the motion did not dispose of all the claims of all the parties; the bankruptcy court did not direct entry of a final judgment. The parties did not seek leave to appeal. The appeal is dismissed as premature. [ December 04, 2018
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