Keenan

Keenan v. Pyle

Good Law
224 F. App'x 619
United States Court of Appeals for the Ninth CircuitMarch 8, 2007No. 05-55147California407 words

Opinion

Lead Opinion

*620 MEMORANDUM **

Debtor James W. Keenan appeals the district court’s order affirming the bankruptcy court’s order (“Protocol Order”) setting a protocol for the implementation of a previously approved order closing the bankruptcy estate. Under 28 U.S.C. § 158 (d), a court of appeals has jurisdiction to hear appeals “from final judgments, order, and decrees” entered by a district court on appeal from a bankruptcy court. This court employs “a pragmatic approach to deciding whether orders in bankruptcy cases are final.” Silver Sage Partners, Ltd. v. City of Desert Hot Springs (In re City of Desert Hot Springs), 339 F.3d 782, 788 (9th Cir.2003) (internal quotation marks omitted).

The bankruptcy court order is not final. The Protocol Order is simply a scheduling order, and as such does not involve a proceeding “so distinct and conclusive either to the rights of individual parties or the ultimate outcome of the case that final decisions as to [it] should be appealable as of right.” In re City of Desert Hot Springs, 339 F.3d at 788 (quoting Mason v. Integrity Ins. Co. (In re Mason), 709 F.2d 1313, 1317 (9th Cir.1983)). Indeed, the Protocol Order specifically provides that “[t]he court…

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