Detherage Properties, LLC v. Spradlin et al, No. 7:2009cv00154 - Document 4 (E.D. Ky. 2010)
Court Description: OPINION & ORDER: matter before Court on the Motion for Leave to Appeal (DE 1 ) filed by appellant Detherage Properties, LLC. Court has jurisdiction to review final judgments, orders and decrees of a bankruptcy court under 28:158(a)(1). In its motion , Detherage states the order from which it seeks to appealapproved a sale of all or substantially all of the debtor's assets. An order approving the sale of a debtor's assets is a final order. There has been no objection to Detherage's motion. Accordingly, the Court hereby ORDERS as follows: 1) The Motion for Leave to Appeal is GRANTED; and 2) Clerk is DIRECTED to file the Bankruptcy Scheduling Notice in the record. Signed by Judge Karen K. Caldwell. (TDA) cc: COR
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY SOUTHERN DIVISION at PIKEVILLE CIVIL ACTION NO. 7:09- CV-154-KKC IN RE: ALMA ENERGY, LLC ____________________________ DEBTOR DETHERAGE PROPERTIES, LLC, v. APPELLANT, OPINION AND ORDER PHAEDRA SPRADLIN, United States Trustee, et al., APPELLEES, **** **** **** **** This matter is before the Court on the Motion for Leave to Appeal (DE 1) filed by the appellant Detherage Properties, LLC. This Court has jurisdiction to review final judgments, orders, and decrees of a bankruptcy court under 28 U.S.C. ยง 158(a)(1). In its motion, Detherage states the order from which it seeks to appeal approved a sale of all or substantially all of the debtor s assets. An order approving the sale of a debtor s assets is a final order. In re Nashville Senior Living, LLC, 407 B.R. 222, 225 (B.A.P. 6th Cir. 2009); In re Quaker City Castings, Inc., 337 B.R. 729 at *1 (B.A.P. 6 th Cir. 2005)(table decision)(citing In re Sax, 796 F.2d 994, 996 (7th Cir.1986)). There has been no objection to Detherage s motion. Accordingly, the Court hereby ORDERS as follows: 1) The Motion for Leave to Appeal is GRANTED; and 2) The Clerk of the Court is DIRECTED to file the Bankruptcy Scheduling Notice in the record of this matter. Dated this 4th day of February, 2010.
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