Comfinance, S.A. v. Official Committee of Creditors Holding Unsecured Claims of De Laurentiis Entertainment Group, Inc. (In re De Laurentiis Entertainment Group, Inc.)

OPINION AND ORDER

The Bankruptcy Court, in its August 24, 1989 order [“Order”], determined Comfi-nance’s offer [“Offer”] to purchase assets of the De Laurentiis Entertainment Group, Inc. [“DEG”] to be a competing offer. The Bankruptcy Court also ordered Comfinance to deliver $35 million, in trust, to the Official Committee of Creditors Holding Unsecured Claims of De Laurentiis Entertainment Group, Inc. [“OCC”] pending further order of the Bankruptcy Court; amended Comfinance’s Acquisition Agreement; and made the Order effective nunc pro tunc. Comfinance appeals the Order and seeks a determination by this Court that the Offer was properly withdrawn prior to any valid acceptance. However, this Court lacks jurisdiction to consider the merits of this appeal.

DISCUSSION

This Court has jurisdiction to hear appeals from final orders of bankruptcy courts. 28 U.S.C. § 158 (a). The Ninth Circuit has adopted a pragmatic approach which this Court must follow to determine whether a bankruptcy court’s order is final, recognizing that “certain proceedings in a bankruptcy case are so distinct and conclusive either to the rights of individual parties or the ultimate outcome of the case that…