Andrew John Delaney v. Gregory Messer, Chapter 7 Trustee
Environmental Securities Immigration
Whether a bankruptcy court's denial of a debtor's motion to voluntarily dismiss a Chapter 7 case is a final appealable order under 28 U.S.C. § 158
QUESTIONS PRESENTED Whether the Court should resolve the split between the United States Court of Appeals for the Ninth Circuit, In re Victoria Station, Inc. and In re: Aspen Skiing Co. v. Cherrett (In re Cherrett), and the United States Court of Appeals for the Second Circuit in this case, Delaney v. Messer, as to whether a bankruptcy court’s denial of a debtor’s motion to voluntarily dismiss a chapter 7 case under § 707(b) of the Bankruptcy Code is a final appealable order pursuant to 28 U.S.C. § 158. Whether treating the denial of a motion to dismiss as a non-final order violates the Bankruptcy Code by forcing the debtor to potentially wait years until the bankruptcy case is over, at which point the issue will be moot because the case will end in either a discharge or a dismissal. i