Supreme Court Revisits Finality of Orders in Bankruptcy: Comment on Ritzen and Review of “Finality”

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

Introduction

The Supreme Court unanimously held on January 14 that an order denying stay relief was final in Ritzen Group, Inc. v. Jackson Masonry, LLC.1 Thus, the creditor should have appealed the denial instead of waiting until later in the case to seek again to pursue its pre-bankruptcy litigation against the debtor.

Facts and Procedural Circumstances in Ritzen

Ritzen Group was a party to a pre-petition . . .

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