No. 24-5759

Andrew John Delaney v. Gregory Messer, Chapter 7 Trustee

Lower Court: Second Circuit
Docketed: 2024-10-15
Status: Denied
Type: IFP
IFP
Tags: appellate-jurisdiction bankruptcy-court chapter-7 circuit-split final-order voluntary-dismissal
Key Terms:
Environmental Securities Immigration
Latest Conference: 2025-01-10
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2024)

Attorneys

Andrew J. Delaney
Andrew John Delaney — Petitioner