45 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 28,667 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
United States v. Ron Pair Enterprises, Inc.
489 U.S. 235 (1989) Cited 4,580 times 16 Legal Analyses
Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"
Church of Scientology of California v. United States
506 U.S. 9 (1992) Cited 1,594 times 1 Legal Analyses
Holding that an appeal concerning produced tape recordings was not moot because a court could "effectuate a partial remedy by ordering the [receiving party] to destroy" copies of the recordings
Powell v. McCormack
395 U.S. 486 (1969) Cited 3,057 times 1 Legal Analyses
Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained
Matter of Case
937 F.2d 1014 (5th Cir. 1991) Cited 260 times
Holding that bankruptcy court can only determine dischargeability of debts owed by debtor, not those owed by third party
Riverview Trenton Railroad v. DSC, Ltd. (In re DSC, Ltd.)
486 F.3d 940 (6th Cir. 2007) Cited 153 times 2 Legal Analyses
Holding that appeal was not moot because the appellees failed adequately to support their allegation that "creditors may be prejudiced by the failure to obtain a stay of the dismissal order," and, therefore, the appellees had failed to "show that [the appellants] will not be able to obtain any effective relief if this court reverses the bankruptcy court's dismissal of the involuntary bankruptcy petition"
In re Gucci
126 F.3d 380 (2d Cir. 1997) Cited 191 times 5 Legal Analyses
Holding that creditors had standing to challenge sale order where they "declare[d] that Guccio Gucci's conduct diminished the value of the estate's assets, thereby limiting their recovery as creditors"
In re Abbotts Dairies of Pennsylvania, Inc.
788 F.2d 143 (3d Cir. 1986) Cited 251 times 3 Legal Analyses
Holding that the standard of review for good faith under § 363(m) of the Code is mixed: "we exercise plenary review of the legal standard applied by the district and bankruptcy courts, but review the latter court's findings of fact on a clearly erroneous standard"
In re Cascade Roads, Inc.
34 F.3d 756 (9th Cir. 1994) Cited 151 times
Holding that an appeal was not equitably moot because the person who was issued the money was a party and was aware when the payment was made that the award would be appealed
In re Dove-Nation
318 B.R. 147 (B.A.P. 8th Cir. 2004) Cited 110 times
Concluding that claimant complied substantially with rules by identifying the claims, attaching summaries of claims, providing explanations why additional documentation was not attached, and providing instructions to request additional documentation if desired
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,123 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 363 - Use, sale, or lease of property
11 U.S.C. § 363 Cited 7,089 times 156 Legal Analyses
Granting trustee authority, after notice and hearing, to sell property of estate
Form 3 - Petition for Review of Order of an Agency, Board, Commission or Officer
Fed. R. App. P. 3 Cited 2,953 times 13 Legal Analyses
Requiring that a notice of appeal "designate the judgment, order, or part thereof being appealed"
Rule 8002 - Time for Filing Notice of Appeal
Fed. R. Bankr. P. 8002 Cited 2,265 times 10 Legal Analyses
Setting fourteen-day deadline
Rule 8001 - Scope of Part VIII Rules; Definition of "BAP"; Method of Transmission
Fed. R. Bankr. P. 8001 Cited 1,339 times
Governing appeals pursuant to 28 U.S.C. §§ 158 and
Section 2075 - Bankruptcy rules
28 U.S.C. § 2075 Cited 726 times 1 Legal Analyses
Granting Supreme Court authority to promulgate bankruptcy rules
Rule 8005 - Election to Have an Appeal Heard by the District Court Instead of the BAP
Fed. R. Bankr. P. 8005 Cited 653 times 1 Legal Analyses
Permitting court to condition stay pending appeal on filing of bond or other appropriate security
Rule 9010 - Representation and Appearances; Powers of Attorney
Fed. R. Bankr. P. 9010 Cited 130 times
Limiting nonlawyers to representing only themselves or, if acting for others, performing only acts "not constituting the practice of law"

USA v. Whitney Design, Inc.

45 Cited authorities

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"

Holding that an appeal concerning produced tape recordings was not moot because a court could "effectuate a partial remedy by ordering the [receiving party] to destroy" copies of the recordings

Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained

Holding that bankruptcy court can only determine dischargeability of debts owed by debtor, not those owed by third party

Holding that creditors had standing to challenge sale order where they "declare[d] that Guccio Gucci's conduct diminished the value of the estate's assets, thereby limiting their recovery as creditors"

Holding that the standard of review for good faith under § 363(m) of the Code is mixed: "we exercise plenary review of the legal standard applied by the district and bankruptcy courts, but review the latter court's findings of fact on a clearly erroneous standard"

Holding that an appeal was not equitably moot because the person who was issued the money was a party and was aware when the payment was made that the award would be appealed

Concluding that claimant complied substantially with rules by identifying the claims, attaching summaries of claims, providing explanations why additional documentation was not attached, and providing instructions to request additional documentation if desired

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

Granting trustee authority, after notice and hearing, to sell property of estate

Requiring that a notice of appeal "designate the judgment, order, or part thereof being appealed"

Setting fourteen-day deadline

Governing appeals pursuant to 28 U.S.C. §§ 158 and

Granting Supreme Court authority to promulgate bankruptcy rules

Permitting court to condition stay pending appeal on filing of bond or other appropriate security

Limiting nonlawyers to representing only themselves or, if acting for others, performing only acts "not constituting the practice of law"