(N.D. Ind. July 21, 2014)
The district court denies the defendant’s motion for leave to appeal the bankruptcy court’s denial of its motion to dismiss the adversary proceeding. The court rules that the order denying the motion to dismiss was not final and appealable, and although the district court had discretion to hear the matter as an interlocutory appeal, it declined to do so because the appeal did not present a contestable question of law. The bankruptcy court applied the correct law (a case regarding equitable tolling). The defendant’s arguments were related to how that correct law was applied to the facts of this particular case, which was not sufficient to meet the standard for a discretionary interlocutory appeal. Opinion below.
Kentuckiana Bankruptcy Opinions 