Summary
The Bankruptcy Appellate Panel of the Sixth Circuit dismissed the appeal on remand from the Sixth Circuit Court of Appeals. The dismissal was ordered for lack of bankruptcy appellate standing.
Court
Bankruptcy Appellate Panel of the Sixth Circuit
Writing for the Court
Boswell; Fulton; Rhodes
Jurisdiction
Federal
Decision date
August 7, 2009
Docket number
No. 07-8035
Procedural posture
The Bankruptcy Appellate Panel considered the appeal on remand from the United States Court of Appeals for the Sixth Circuit, which directed dismissal for lack of bankruptcy appellate standing.
Precedential value
published
Parties
W. Thomas Stark v. Robert John Moran, Marvin A. Sicherman
Disposition
dismissed
Topics
bankruptcyappellate jurisdictionappellate procedure
Practice areas
BankruptcyFederal appellate procedure
Questions Presented
- Whether the appeal should be dismissed for lack of bankruptcy appellate standing pursuant to the Sixth Circuit's remand instructions.
Holdings
- The appeal must be dismissed for want of bankruptcy appellate standing, as directed by the Sixth Circuit.
Key quotations
“The Court of Appeals has remanded the case to the Panel with instructions to dismiss the appeal for want of bankruptcy appellate standing.” (-2-)
Factual background
Robert J. Moran was the debtor in a bankruptcy proceeding. W. Thomas Stark appealed in an adversary matter involving Moran and Marvin A. Sicherman. After the appeal reached the Sixth Circuit, that court remanded it to the Bankruptcy Appellate Panel for dismissal because Stark lacked bankruptcy appellate standing.
Procedural history
The Sixth Circuit remanded the appeal to the Bankruptcy Appellate Panel with instructions to dismiss it for want of bankruptcy appellate standing. The Panel entered an order dismissing the case.
Court Document
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