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Bankruptcy: Chapter 7-Employment of Special Counsel Finality of Order

Staff Report//October 23, 2024//

Bankruptcy: Chapter 7-Employment of Special Counsel Finality of Order

Staff Report//October 23, 2024//

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Appellants appealed the bankruptcy court’s order granting the Chapter 7 trustee’s application to employ special counsel. The court ordered the parties to brief the issue of appellate jurisdiction — specifically, whether the bankruptcy court’s order was final and whether there were alternative statutory grounds for appellate jurisdiction.

Where the appointment of special counsel did not resolve a discrete segment of the bankruptcy proceeding as the bankruptcy court would continue to be involved with counsel’s work, it was not a final order appealable as of right, and the order did not meet all the elements of an appealable interlocutory order.

Appeal is dismissed.

In re: Western Robidoux, Inc. (MLW No. 82262/Case No. 24-6006 – 10 pages) (U.S. Bankruptcy Appellate Panel, 8th Circuit, Jones, J.) Appealed from U.S. Bankruptcy Court, District of Minnesota.

 

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