34 Cited authorities

Curtiss-Wright Corp. v. General Electric Co.
446 U.S. 1 (1980) Cited 2,053 times
Holding that it was "proper for the District Judge here to consider such factors as whether the claims under review were separable from the others remaining to be adjudicated and whether the nature of the claims already determined was such that no appellate court would have to decide the same issues more than once even if there were subsequent appeals"
U.S. v. Hinkson
585 F.3d 1247 (9th Cir. 2009) Cited 2,126 times 3 Legal Analyses
Holding that a district court abuses its discretion only when its ruling is "illogical, implausible, or without support in inferences that may be drawn from facts in the record"
American Trucking v. City of Los Angeles
559 F.3d 1046 (9th Cir. 2009) Cited 1,267 times
Holding plaintiff seeking injunction "not entitled to relief" in absence of showing "likelihood of irreparable harm"
Sears, Roebuck Co. v. Mackey
351 U.S. 427 (1956) Cited 1,092 times
Holding that Rule 54(b) "does not relax the finality required of each decision, as an individual claim, to render it appealable, but it does provide a practical means of permitting an appeal to be taken from one or more final decisions on individual claims, in multiple claims actions, without waiting for final decisions to be rendered on all the claims in the case."
Johnson v. Couturier
572 F.3d 1067 (9th Cir. 2009) Cited 483 times 3 Legal Analyses
Holding that the district court did not abuse its discretion by considering "unverified client complaints" and counsel's declaration
In re Sonnax Industries, Inc.
907 F.2d 1280 (2d Cir. 1990) Cited 555 times 4 Legal Analyses
Holding that denial of relief from stay is equivalent to a permanent injunction "and is thus a final order," and criticizing the view that finality determinations in relief from stay matters should be determined on a case-by-case basis
In re Rosson
545 F.3d 764 (9th Cir. 2008) Cited 274 times
Holding that a Chapter 13 debtor's right to voluntary dismissal under 11 U.S.C. § 1307 "is not absolute, but is qualified by the authority of a bankruptcy court to deny dismissal on grounds of bath-faith conduct"
Wood v. GCC Bend, LLC
422 F.3d 873 (9th Cir. 2005) Cited 234 times
Holding that "consideration of judicial administrative interests is necessary to assure that application of the Rule effectively preserves the historic federal policy against piecemeal appeals"
Thalheimer v. City of San Diego
645 F.3d 1109 (9th Cir. 2011) Cited 148 times
Holding that Citizens United did not disapprove of the anti-circumvention interest
In re Lazar
237 F.3d 967 (9th Cir. 2001) Cited 182 times 1 Legal Analyses
Holding that “when a state ... files a proof of claim in a bankruptcy proceeding, the state waives its Eleventh Amendment immunity with regard to the bankruptcy estate's claims that arise from the same transaction or occurrence as the state's claim”
Rule 34 - Oral Argument
Fed. R. App. P. 34 Cited 70,708 times 5 Legal Analyses
Explaining that a three-judge panel can dispense with oral argument if the panel "unanimously agrees that oral argument is unnecessary" for any of three enumerated reasons
Section 362 - Automatic stay
11 U.S.C. § 362 Cited 29,517 times 175 Legal Analyses
Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,367 times 196 Legal Analyses
Granting appellate jurisdiction over certain types of interlocutory orders
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,155 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Rule 62 - Stay of Proceedings to Enforce a Judgment
Fed. R. Civ. P. 62 Cited 4,151 times 14 Legal Analyses
Granting of stay is discretionary
Section 1112 - Conversion or dismissal
11 U.S.C. § 1112 Cited 2,697 times 40 Legal Analyses
Providing that upon a showing of "cause" the bankruptcy court "shall convert a case under [chapter 11] to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate"

In Re: USA Commercial Mortgage Company

34 Cited authorities

Holding that a district court abuses its discretion only when its ruling is "illogical, implausible, or without support in inferences that may be drawn from facts in the record"

Holding plaintiff seeking injunction "not entitled to relief" in absence of showing "likelihood of irreparable harm"

Holding that the district court did not abuse its discretion by considering "unverified client complaints" and counsel's declaration

Holding that denial of relief from stay is equivalent to a permanent injunction "and is thus a final order," and criticizing the view that finality determinations in relief from stay matters should be determined on a case-by-case basis

Holding that a Chapter 13 debtor's right to voluntary dismissal under 11 U.S.C. § 1307 "is not absolute, but is qualified by the authority of a bankruptcy court to deny dismissal on grounds of bath-faith conduct"

Holding that "consideration of judicial administrative interests is necessary to assure that application of the Rule effectively preserves the historic federal policy against piecemeal appeals"

Holding that Citizens United did not disapprove of the anti-circumvention interest

Holding that “when a state ... files a proof of claim in a bankruptcy proceeding, the state waives its Eleventh Amendment immunity with regard to the bankruptcy estate's claims that arise from the same transaction or occurrence as the state's claim”

Explaining that a three-judge panel can dispense with oral argument if the panel "unanimously agrees that oral argument is unnecessary" for any of three enumerated reasons

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Granting appellate jurisdiction over certain types of interlocutory orders

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Granting of stay is discretionary

Providing that upon a showing of "cause" the bankruptcy court "shall convert a case under [chapter 11] to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate"