Stewart Mayer v. Robert J. Harrington

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

IN RE STEWART NEIL MAYER, No. 20-56340 Debtor, D.C. No. 3:20-cv-01376-

ROBERT J. HARRINGTON, TWR

Appellant,

v. OPINION

STEWART NEIL MAYER,

Appellee.

Appeal from the United States District Court for the Southern District of California Todd W. Robinson, District Judge, Presiding

Argued and Submitted January 10, 2022 Pasadena, California

Filed March 8, 2022

Before: A. Wallace Tashima, Milan D. Smith, Jr., and Paul J. Watford, Circuit Judges.

Opinion by Judge Tashima IN RE MAYER

SUMMARY*

Bankruptcy

The panel reversed the district court’s order denying a debtor’s motion for leave to appeal the bankruptcy court’s order denying without prejudice a creditor’s request for relief from the automatic stay.

The panel held that under Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S. Ct. 582 (2020), an order denying a stay-relief motion is immediately appealable when it conclusively resolves the movant’s entitlement to the requested relief. The panel concluded that, under the circumstances presented here and the…