No. 21-828

The Estate of Omar Fontana, et al. v. ACFB Administracao Judicial LTDA-ME

Lower Court: Eleventh Circuit
Docketed: 2021-12-03
Status: Denied
Type: Paid
Experienced Counsel
Tags: appellate-jurisdiction bankruptcy bankruptcy-finality chapter-15 courts-of-appeals discovery-order discrete-dispute finality ritzen-group-v-jackson-masonry
Key Terms:
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Latest Conference: 2022-03-04
Question Presented (AI Summary)

Should the Court grant certiorari to resolve a conflict among the courts of appeals over whether a stand-alone discovery order entered in a Chapter-15 case is final-and-appealable?

Question Presented (OCR Extract)

QUESTION PRESENTED In Ritzen Group, Inc. v. Jackson Masonry, LLC, __ U.S. _, 140 8. Ct. 582 (2020), this Court held that a bankruptcy court order is final and appealable if it conclusively disposes of a “discrete dispute” within the overarching bankruptcy case. In particular, the Court found that an order disposing of a motion for relief from the automatic stay resolves a discrete dispute where: (1) the motion “initiates a discrete procedural sequence, including notice and a hearing,” (2) it is “separate from the rest of the case,” (3) it “occurs before and apart from proceedings on the merits of the creditors’ claims,” and (4) the order “grants or denies relief according to a statutory standard.” Id. at 586, 589, 591. This matter involves the finality of a discovery order entered in a case under Chapter 15 of the Bankruptcy Code. Although discovery orders in cases under other chapters of the Code are usually not final, in Chapter 15 cases they often involve stand-alone proceedings, may be the only substantive order entered in the case, and are often distinct from other Chapter 15 matters. The Second Circuit has held that such an order is final and appealable. In re Barnet, 737 F.3d 238 (2d Cir. 2013). The court below reached the opposite conclusion. The question presented is: Should the Court grant certiorari to resolve a conflict among the courts of appeals over whether a stand-alone discovery order entered in a Chapter 15 case is final and appealable?

Docket Entries

2022-03-07
Petition DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-11
Reply of petitioners The Estate of Omar Fontana, et al. filed.
2022-02-02
Brief of respondent ACFB Administração Judicial LTDA – ME, acting by and through Antonio Viviana Santos de Oliveira Cavalcante, the Trustee of Debtor Transbrasil S.A. Linhas Aéreas in opposition filed.
2021-12-27
Motion to extend the time to file a response is granted and the time is extended to and including February 2, 2022.
2021-12-23
Motion to extend the time to file a response from January 3, 2022 to February 2, 2022, submitted to The Clerk.
2021-12-01
Petition for a writ of certiorari filed. (Response due January 3, 2022)

Attorneys

ACFB Administração Judicial LTDA – ME, acting by and through Antonio Viviana Santos de Oliveira Cavalcante, the Trustee of Debtor Transbrasil S.A. Linhas Aéreas
Derek T. HoKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent
The Estate of Omar Fontana, et al.
George Eric Brunstad Jr.Dechert LLP, Petitioner