Blecher

Blecher v. Lore

Good Law
76 F. App'x 811
United States Court of Appeals for the Ninth CircuitSeptember 25, 2003No. 02-15523; D.C. No. CV-00-01952 (EHC)California940 words

Opinion

Lead Opinion

MEMORANDUM ***

In 1994, Douglas and Jarrett Lore filed a proof of claim against Robert and Eva Blecher’s bankruptcy estate based on legal malpractice allegedly committed by Robert Blecher. On September 15, 2000, the bankruptcy court issued an order in which it allowed this claim in the amount of $86,349.41. The Lores appealed this order to the district court, but while the appeal was pending the bankruptcy court entered another order on October 10, 2000 in which it declared that the Lores’ claim against the Blechers had been discharged. 1 The district court concluded on the basis of this second order that since the discharge barred the Lores from recovering from the Blechers personally, the Lores’ appeal of the September 15 order was moot. The Lores appeal, claiming that the district court erred in concluding that their appeal was moot. The Blechers concede that the appeal was not moot but argue that the district court had no jurisdiction over the Lores’ appeal from the September 15 order because that order was not final. We reverse, concluding that the district court had jurisdiction over the Lores’ claim and that the Lores’ appeal of the amount of their allowed claim is not…

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