9th Circ. Says District Court Bankruptcy Orders Out Of Scope

Law360, New York (March 06, 2012, 9:19 PM ET) -- The Ninth Circuit on Tuesday said it cannot review nonfinal orders from district courts sitting in bankruptcy, tossing an appeal challenging sanctions imposed on Bryan Cave LLP, Klestadt & Winters LLP and Silar Advisors LP for filing a “frivolous” bankruptcy case for Silar's commercial mortgage loan servicer.

In a published opinion, a three-judge panel said it did not have jurisdiction and dismissed the appeal, leaving nearly $900,000 in sanctions in place.

The panel recognized that even though one federal provision allows it to review bankruptcy appeals...
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