IN RE: the KISSEL COMPANY (1997)

United States Court of Appeals,Ninth Circuit.

IN RE: the KISSEL COMPANY, Debtor. Joanne ABNEY; Albert Abney; Jeanne Sheeley; John Sheeley, Appellants, v. The KISSEL COMPANY, Appellee.

No. 95-56241.

Decided: January 30, 1997

Before O'SCANNLAIN, LEAVY and KLEINFELD, Circuit Judges.

Joan C. Lavine, Los Angeles, CA, C. Douglas Wikle, Wikle & Henry, Woodland Hills, CA, for appellants. Don Rothman, Matthew B. Rothman, Sulmeyer, Kupetz, Baumann & Rothman, Los Angeles, CA, for appellee.

ORDER

Creditors Joanne and Albert Abney, and Jeanne and John Sheeley appeal the district court's denial of their motion to withdraw the reference of their claims in bankruptcy court pursuant to 28 U.S.C. § 157(d). We have held that orders granting motions for withdrawal of reference are not final appealable orders. See Packerland Packing Co. v. Griffith Brokerage Co. (In re Kemble), 776 F.2d 802, 806 (9th Cir.1985). For the reasons stated by the Fifth Circuit in In re Lieb, 915 F.2d 180, 184 (5th Cir.1990), we now hold that orders denying motions for withdrawal of reference are also not final appealable orders. Accordingly, we dismiss this appeal for lack of jurisdiction.

We deny the creditors' petition for a writ of mandamus. See Bauman v. United States Dist. Court, 557 F.2d 650, 654-55 (9th Cir.1977).

DISMISSED.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law