Church Joint Venture, L.P. v. Montedonico (In re Blasingame)

(6th Cir. B.A.P. Jan. 21, 2015)

The Sixth Circuit B.A.P. denies the appellee’s motion to dismiss the appeal. The bankruptcy court entered an order sanctioning the debtor’s attorney but reserving the issue of the amount of the monetary sanctions. The attorney filed a notice of appeal of this first order. The bankruptcy court then entered two orders setting the sanction amount. The attorney then filed a corrected notice of appeal to include these two orders outside the normal 14-day appeal notice period. The appellee argued that the first notice was deficient because the first order was not final and appealable and the second notice was filed too long after the second set of orders. The court holds that the first order was not final, but the corrected notice of appeal was sufficient and timely. The second set of orders did not satisfy Rule 58 (incorporated by Bankruptcy Rule 7058) in that they were not set out in a “separate document,” and thus the attorney had an additional 150 days in which to file a notice of appeal of those orders. Opinion below.

2015-01-21 – church joint venture v montedonico

Author: Matt Lindblom

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