Mincks

Broadway Buildings II L.P. v. Mincks

Good Law
22 F. App'x 859
United States Court of Appeals for the Ninth CircuitDecember 11, 2001No. 00-56742; BAP No. CC-00-01398-MaKMoCalifornia424 words

Opinion

Lead Opinion

MEMORANDUM **

This case and a previous related appeal, No. 00-35448, arise from the efforts of Appellant Broadway Buildings II (“Broadway”) to use a bankruptcy court’s order approving its Chapter 11 Reorganization Plan (“Plan Approval”) to enforce against Appellees Ralph Mincks et al. (the “Sellers”) contracts that Broadway assumed pursuant to the plan. After its unsuccessful attempt to enforce the Plan Approval in the Eastern District of Washington, and while that appeal was pending, Broadway filed a motion in the Central District of California Bankruptcy Court to enforce the judgment pursuant to 11 U.S.C. *860 § 1142 (b) and Fed. R. Bankr.P. 3020(d). The bankruptcy court denied the motion, holding that Broadway must bring an adversary action to accomplish its purpose. The Ninth Circuit Bankruptcy Appellate Panel declined to review this order, holding that it was interlocutory, and denied mandamus. Broadway appealed and requested mandamus in the alternative. We dismiss the appeal and decline to issue a writ of mandamus.

We are without jurisdiction to review the order of the bankruptcy court because it is not final. Lievsay v. W. Fin. Sav. Bank (In re Lievsay), 118 F.3d 661,…

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