Kraus Anderson Capital v. Bradley (In re Bradley)

(6th Cir. Dec. 10, 2014)

The Sixth Circuit dismisses the appeal from the Bankruptcy Appellate Panel (“BAP”) for lack of subject matter jurisdiction. The bankruptcy court ruled in the nondischargeability adversary proceeding that the creditor’s claims were dischargeable, and the creditor appealed to the BAP. The BAP reversed, holding that the bankruptcy court incorrectly applied 11 U.S.C. § 523, and remanded for further proceedings on damages. The debtor then appealed to the Sixth Circuit. The court recognizes that it only has jurisdiction to consider final orders from the BAP. The BAP’s order was not final, as it remanded to the bankruptcy court to consider further evidence. Opinion below.

2014-12-10 – kraus anderson v bradley

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