Council on Occupational Education, Inc. v. Keats (In re Decker College, Inc.)

(6th Cir. Sep. 4, 2014)

The Sixth Circuit dismisses the Council’s appeal of the district court’s order affirming the bankruptcy court’s finding that the Council had made “factually erroneous” statements to the Department of Education when it stated that it had not approved certain programs of the debtor college. The district court had remanded to the bankruptcy court for further proceedings. Because the district court’s order was not final and no request for certification under Civil Rule 54(b) or 28 U.S.C. § 1292(b) had been made, the Sixth Circuit did not have jurisdiction to hear the appeal. Opinion below.

2014-09-04 – in re decker college

CPA Warehouse v. Freeland (In re Livemercial Aviation Holding, LLC)

(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.

2014-07-21 – in re livemercial aviation holding