28 U.S.C. § 158

32 Florida cases classified under this topic · sorted by citation count · browse and sort

• In re Amatex Corp.
  755 F.2d 1034· 3d Cir.· 1985-02-22 ·cited 96×
  Future asbestos claimants are entitled to representation in a manufacturer's bankruptcy reorganization to protect their interests, even if their symptoms have not yet manifested.
• In re Salem Mortg. Co. v. Nodine
  783 F.2d 626· 6th Cir.· 1986-02-11 ·cited 48×
  The court held that the district court had subject matter jurisdiction over the adversary proceeding because it was sufficiently related to the bankruptcy estate.
• Browning v. Navarro
  887 F.2d 553· 5th Cir.· 1989-10-23 ·cited 26×
  The court held that res judicata bars Holloway's claim that the state court judgment was fraudulent, as it could have been raised in a prior federal action. The court also found the clean hands doctrine did not provide a basis to vacate the judgment.
• Kapcia v. Immigr. & Naturalization Serv.
  944 F.2d 702· 10th Cir.· 1991-09-09 ·cited 22×
  The Board of Immigration Appeals did not err in taking administrative notice of Poland's changed political conditions and reasonably inferring that petitioners no longer had a well-founded fear of persecution, and its factual findings denying asylum and withholding of deportation
• In re Greene Cnty. Hosp. v. Greene Cnty. Hosp.
  835 F.2d 589· 5th Cir.· 1988-01-14 ·cited 21×
  The court held that a district court's order affirming a bankruptcy court's determination of subject matter jurisdiction is not a final order, and therefore, the court of appeals lacks jurisdiction to hear the appeal.
• In re G.S.F. Corp.
  938 F.2d 1467· 1st Cir.· 1991-07-23 ·cited 20×
  The court held that the district court erred in vacating the bankruptcy court's injunction, as the bankruptcy court had jurisdiction to issue the injunction to protect its prior judgment and the G.S.F. estate.
• In re White Beauty View, Inc. v. First State Bank
  841 F.2d 524· 3d Cir.· 1988-03-15 ·cited 17×
  The court held that it lacked jurisdiction to hear the appeal because the bankruptcy court's order was not final and the district court had not granted leave to appeal an interlocutory order.
• In re SUN Valley Foods Co. v. Detroit Marine Terminals, Inc.
  801 F.2d 186· 6th Cir.· 1986-09-11 ·cited 12×
  The court held that federal district courts lack jurisdiction to review final state court judgments, but that an order lifting an automatic stay in bankruptcy is a final order for appeal purposes. The court affirmed dismissal of the § 1983 claims and reversed the denial of appeal
• In re Bertoli v. D'Avella
  812 F.2d 136· 3d Cir.· 1987-02-26 ·cited 11×
  A motion for certification of an interlocutory appeal under 28 U.S.C. § 1292(b) can suffice as a notice of appeal, and district courts may hear interlocutory appeals from bankruptcy courts without certification by the bankruptcy judge.
• In re Vylene Enters., Inc. v. Naugles, Inc.
  968 F.2d 887· 9th Cir.· 1992-06-29 ·cited 6×
  The Ninth Circuit Court of Appeals dismissed Vylene's appeal for lack of jurisdiction, finding that the district court's order vacating the bankruptcy court's judgment and remanding the case did not constitute a final order under the applicable statutes, 28 U.S.C. §§ 158(d) and 1
• Minerex Erdoel, Inc. v. Sina, Inc.
  838 F.2d 781· 5th Cir.· 1988-03-03 ·cited 6×
  A district court may not refer an appeal from a bankruptcy court decision to a United States magistrate, as such appeals are exclusively governed by 28 U.S.C. § 158.
• In re Axona Int'l Credit & Commerce Ltd. (Formerly Bancom Int'l Limited) v. Togut
  924 F.2d 31· 2d Cir.· 1991-01-18 ·cited 4×
  The court held that the appeal must be dismissed for want of appellate jurisdiction because the 1990 amendment to 11 U.S.C. § 305(c) expressly deprives courts of appeals of jurisdiction to review bankruptcy court orders dismissing or suspending proceedings under § 305(a).
• Picker Fin. Grp. L.L.C. v. Horizon Bank
  293 B.R. 253· M.D. Fla.· 2003-05-12 ·cited 2×
  A lender who fails to review a UCC-1 search showing an intervening lien is not entitled to equitable subrogation, as Florida law, particularly Boley v. Daniel, still considers constructive notice a bar.
• Bilzerian v. Sec. & Exch. Comm'n (In Re Bilzerian)
  276 B.R. 285· M.D. Fla.· 2002-04-02 ·cited 2×
  The court affirmed the Bankruptcy Court's dismissal of the Chapter 7 case, holding that 'cause' under 11 U.S.C. § 707(a) can include pre-petition conduct aimed at frustrating judicial processes and that the debtor's actions constituted such cause.
• Tooke v. Sunshine Tr. Mortg. Tr. NO. 86-225
  149 B.R. 687· M.D. Fla.· 1992-06-22 ·cited 1×
  The court held that the appellants were likely to prevail on the merits of their appeal because the mandatory application of 11 U.S.C. § 109(g)(2) was not warranted by the facts, and therefore granted their motion for a stay pending appeal.
• In re La. World Exposition, Inc. v. Fed. Ins. Co.
  832 F.2d 1391· 5th Cir.· 1987-12-02 ·cited 1×
  The proceeds from directors' and officers' liability insurance policies are not part of the debtor's bankruptcy estate, as the policies only provide coverage for the directors and officers themselves, not the corporation.
• Life Ins. Co. of the Sw. v. Clarke
  M.D. Fla.· 2025-12-16
  Default judgment was entered against defendants Hope of Glory Church of Christ and Stephanie Marie Clarke as personal representative, and the clerk was directed to disburse interpleaded funds. The plaintiff insurer was discharged from liability, and defendants were enjoined from
• Fed. Trade Comm'n v. Start Connecting LLC
  M.D. Fla.· 2025-10-20
  The court entered a default judgment against Start Connecting SAS and Juan S. Rojas for $7,304,737.29, jointly and severally with previously settled defendants.
• Nat'l Specialty Ins. Co. v. Eleguas Trucking Inc.
  M.D. Fla.· 2025-09-30
  The court entered a default judgment in favor of the Plaintiff against Defendant Eleguas Trucking Inc. Any motions for attorney's fees or costs must follow local rules.
• Hovey v. Tracpatch Health, Inc.
  M.D. Fla.· 2025-09-24
  The court entered a default judgment against the defendant for $1,239,757.57, comprising past medical expenses, future medical expenses, and non-economic damages.
• McIntosh v. Global Tr. Mgmt., LLC
  M.D. Fla.· 2025-08-26
  The court entered a default judgment against Direct Recovery Services, LLC, awarding the plaintiff specified damages, costs, and attorney fees.
• Alligood v. Sunshine Bus. Mgmt. Inc.
  M.D. Fla.· 2025-07-17
  The court entered a default judgment against one defendant for damages and interest, and specified it is joint and several with other judgments.
• McCants v. New Dairy Fla.
  M.D. Fla.· 2025-06-30
  The court dismissed the case without prejudice, indicating that any motions for attorney's fees or costs must be filed within the time and manner prescribed by local rules.
• McKesson Corp. v. Benzer OH 7 LLC
  M.D. Fla.· 2025-02-05
  McKesson Corporation obtained a default judgment against Benzer Pharmacy Holding LLC and related defendants for $90,031.01 plus post-judgment interest. The order clarifies that despite multiple default judgment motions, there is one underlying debt, and recovery from any defendan
• Aparicio v. Mar Tile Design Corp.
  M.D. Fla.· 2024-12-19
  The court granted in part and denied in part Plaintiff's motion for default judgment, entering judgment for $11,480.00 and closing the case.
• Kanter v. Healy
  M.D. Fla.· 2024-09-27
  The district court affirmed the bankruptcy court's approval of a settlement, finding no abuse of discretion in applying the Justice Oaks factors.
• Kolkowski v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-28
  The court affirmed the Commissioner's final decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence.
• Newsome v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-15
  The court entered judgment affirming the Commissioner's decision, indicating the administrative decision was upheld.
• Doak v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-13
  Judgment is entered affirming the Commissioner's decision, and in favor of the Commissioner of Social Security against Christopher Kenneth Doak.
• Teblum v. The City of Cape Coral Charter Sch. Auth.
  M.D. Fla.· 2022-08-23
  The court granted the defendant's motion for summary judgment, closing the case.
• Caiazza v. Carmine Marceno
  M.D. Fla.· 2020-12-29
  The court entered judgment for the plaintiff on jury verdicts for overtime and liquidated damages. The document itself is a judgment, not an appealable order.
• Inalene Lewis v. United States
  992 F.2d 767· 8th Cir.· 1993-04-30
  The court held that it lacked jurisdiction to hear the appeal because the bankruptcy court's order was not a final decision, as it neither confirmed a plan nor dismissed the petition.