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