Harrington v. Mayer, No. 20-56340 (9th Cir. 2022)
Annotate this CaseThe Ninth Circuit reversed the district court's denial of debtor's motion for leave to appeal the bankruptcy court's order denying without prejudice a creditor's request for relief from the automatic stay. In Ritzen Group, Inc. v. Jackson Masonry, LLC, 140 S. Ct. 582 (2020), the Supreme Court addressed the finality of a bankruptcy court order denying a creditor's request for relief from the automatic stay. The panel concluded that, under the circumstances presented here and the considerations set forth in Ritzen and court precedent, the bankruptcy court's order was final and appealable because the bankruptcy court's denial of the creditor's motion conclusively resolved the request for stay relief.
Court Description: Bankruptcy. The panel reversed the district court’s order denying a debtor’s motion for leave to appeal the bankruptcy court’s order denying without prejudice a creditor’s request for relief from the automatic stay. The panel held that under Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S. Ct. 582 (2020), an order denying a stay-relief motion is immediately appealable when it conclusively resolves the movant’s entitlement to the requested relief. The panel concluded that, under the circumstances presented here and the considerations set forth in Ritzen and Ninth Circuit precedent, the bankruptcy court’s order was final and appealable because the bankruptcy court’s denial of the creditor’s motion conclusively resolved the request for stay relief. In a concurrently filed memorandum disposition, the panel concluded that the bankruptcy court did not abuse its discretion in denying stay relief. The panel reversed the order of the district court and remanded with instructions to affirm the order of the bankruptcy court denying relief from the automatic stay. IN RE MAYER 3
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