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Expert Analysis

It Ain't Over Till When? The Question Of Finality

Law360, New York (June 13, 2016, 10:26 AM EDT) -- The courts have long struggled with the question of whether particular orders entered by a bankruptcy court are final, and therefore appealable as a matter of right. It is generally recognized that a bankruptcy case is distinctly different from the usual civil case in that it is a framework within which a variety of disputes arise and are resolved. That distinction is recognized in 28 U.S.C. §158(d)(1), which provides that appeals as of right maybe taken not only from final judgments in cases but from "final judgments, orders, and decrees … in cases and proceedings …."...

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