Summary
The United States District Court for the Central District of California dismissed Guillermo Montero’s appeal from a bankruptcy court order approving an interim distribution of funds held in trust. The court concluded that it lacked jurisdiction because the order was not appealable as of right, and Appellant had not obtained leave to appeal or responded to the order to show cause.
Topics
Practice areas
Questions Presented
- Whether the district court had jurisdiction under 28 U.S.C. § 158(a) over an appeal from a bankruptcy court order granting an interim distribution of trust funds.
- Whether appellant's failure to respond to the order to show cause warranted dismissal of the appeal for lack of jurisdiction.
Holdings
- The district court lacked jurisdiction over the appeal because the challenged order was not an order appealable as of right under 28 U.S.C. § 158(a), was not issued under 11 U.S.C. § 1121(d), and appellant had not obtained leave to appeal.
- Appellant's failure to timely respond to the order to show cause, including his refusal to brief the finality of the challenged order, supported dismissal of the appeal for lack of jurisdiction.
Key quotations
“District courts have jurisdiction over bankruptcy appeals from final judgments, orders, and decrees; from interlocutory orders issued under 11 U.S.C. § 1121(d); and from other interlocutory orders and decrees if given leave of court.” (at 2)
“The Court dismisses the appeal for lack of jurisdiction and remands the action for further proceedings in the bankruptcy court.” (at 2)
Factual background
The bankruptcy court held funds in trust and granted debtor Maria Elizabeth Montero Leon's motion for an interim distribution of those funds. Her spouse, Guillermo Montero, appealed that order. The district court noted the interim nature of the distribution order and reviewed the bankruptcy court's docket, taking judicial notice of it.
Procedural history
The United States Bankruptcy Court for the Central District of California granted debtor Maria Elizabeth Montero Leon's motion for an interim distribution of funds held in trust. Her spouse, Guillermo Montero, appealed to the district court. The district court concluded that the challenged order was not appealable as of right under 28 U.S.C. § 158(a), that appellant had not obtained leave to appeal, and that appellant failed to address whether the interim order was final.
Remand instructions
The action is remanded for further proceedings in the bankruptcy court.