At page 1018 Distinguishing finality of orders approving or disapproving compromise29 citing cases“does not finally determine a cause of action but only decides some intervening matter pertaining to the cause, and which requires further steps to be taken in order to enable the court to adjudicate the cause on the merits”
- Pryor v. Rosenblatt, No. 2:24-cv-07895 (E.D.N.Y. July 16, 2025).(An order approving a compromise . . . is final because it finally determines the rights of the parties. An order disapproving a compromise, however, is not final. It determines no rights and settles no issues. It merel…)
- Wolinsky v. Maynard (In re Maynard), 290 B.R. 67 (D. Vt. 2002).published (order disapproving compromise)
- Wolinsky v. Maynard (In re Maynard), 269 B.R. 535 (D. Vt. 2001).published(order disapproving compromise)
- In re Miner, 222 B.R. 199 (B.A.P. 2d Cir. 1998).publishedIn reaching its conclusion, the district court relied on Tonkoff v. Synoground (In re Merle's Inc.), 481 F.2d 1016, 1018 (9th Cir.1973).
- Expeditors Int'l of Washington, Inc. v. Citicorp North Am., Inc. (In re Colortran, Inc.), 218 B.R. 507 (B.A.P. 9th Cir. 1997).publishedIt merely leaves the question open for future adjudication.” In re Merle’s Inc., 481 F.2d 1016, 1018 (9th Cir.1973).
- Lockwood v. Snookies, Inc. (In re F.D.R. Hickory House, Inc.), 60 F.3d 724 (11th Cir. 1995).published Co. v. Tidewater Group, Inc. (In re Tidewater Group, Inc.), 734 F.2d 794, 796 (11th Cir.1984) (quoting Tonkoff v. Synoground (In re Merle's Inc.), 481 F.2d 1016, 1018 (9th Cir.1973)) (omission in original) (emphasis added).
- Kemper Life Ins. v. Bezanson (In re Medomak Canning Co.), 123 B.R. 671 (D. Me. 1991).publishedIn the Matter of Merle’s Inc., 481 F.2d 1016, 1018 (9th Cir.1973).
- Roth v. Deak & Co. (In re Deak & Co.), 65 B.R. 410 (S.D.N.Y. 1986).published“It merely leaves the question open for future adjudication”
- Big Shanty Land Corp. v. Comer Props., Inc., 61 B.R. 272 (N.D. Ga. 1985).publishedThe order did not resolve the parties’ rights or obligations under the contract but “merely [left] the question open for future adjudication.” In re Merle’s Inc., 481 F.2d 1016, 1018 (9th Cir.1973). 6 In addition, even if Crow had standing…
- Est. of Patel v. Patel (In re Patel), 43 B.R. 500 (N.D. Ill. 1984).publishedIn the Matter of Merle’s, Inc., 481 F.2d 1016, 1018 (9th Cir.1973).
Show 15 more citing cases
- In the Matter of Harry Fondiller, Debtor. Rosalyn Fondiller v. Jerome E. Robertson, 707 F.2d 441 (9th Cir. 1983).published(an order disapproving the trustee’s compromise of claim against a creditor is interlocutory and not reviewable)
- In the Matter of Robert Jackson Horton, Bankrupt. Stewart Enter., Inc. v. Robert Jackson Horton, M. Nolten, Tr., 621 F.2d 968 (9th Cir. 1980).published(bankruptcy court’s order disapproving compromise not appealable)
- Dalton Equip. Co., Inc., Creditor-Appellee v. Charles E. Brown, 594 F.2d 195 (9th Cir. 1979).publishedIn re Merle’s, Inc., 481 F.2d 1016, 1018 (9th Cir. 1973) contains the ‘following definitions: *197 A decision which finally determines the rights of the parties to secure in that suit the relief they seek is a “final decision”, [citation o…
- Ackerman-Chillingworth, Div. of Marsh & McLennan, Inc. v. Pac. Elec. Contractors Ass'n, 579 F.2d 484 (9th Cir. 1978).published They urge that the order was final because it disposed of the entire claim of appellants and, moreover, that no jurisdiction attached under 28 U.S.C. § 1291 (1970) because appellants failed to secure the certificate of final judgment presc…
- In the Matter of Edward G. Brissette, Gene Paul Master, Michael Anthony Simon, Bankrupts-Appellants, 561 F.2d 779 (9th Cir. 1977).published(order disapproving order of compromise giving property to third party held controversy; creditor’s remedy is to remain as participant in bankruptcy adjudication)
- Diamond Door Co. v. Lane-Stanton Lumber Co., 505 F.2d 1199 (9th Cir. 1974).published See 28 U.S.C. § 1291 ; In re Merle’s, Inc., 481 F.2d 1016, 1018 (9th Cir. 1973).
- Johnson Utils. v. acc/swing First, No. 1 CA-CV 18-0170 (Ariz. Ct. App. Jan. 15, 2019).unpublished(An interlocutory order or decree is one which does not finally determine a cause of action but only decides some intervening matter pertaining to the cause, and which requires further steps to be taken in order to enab…)
- In re Oglesby, 158 B.R. 602 (E.D. Pa. 1993).publishedSee also In re Merle’s Inc., 481 F.2d 1016, 1018 (9th Cir.1973).
- In re Hilda Soltero Harrington, Debtor. Estancias La Ponderosa Dev. Corp. v. Hilda Soltero Harrington & Rafael Durand Manzanal, 992 F.2d 3 (1st Cir. 1993).publishedSee also supra note 2. ___ ____ _____ 4 order which 'does not finally determine a cause of action but only decides some intervening matter pertaining to the cause, and which requires further steps to be taken in order to enable the court t…
- In re Am. Colonial Broad. Corp., Debtor. Appeal of Local Serv. Television, Inc., &/or Mr. Charles Woods, in Re Am. Colonial Broad. Corp., Debtor. Appeal of Am. Colonial Broad. Corp., in Re Am. Colonial Broad. Corp., Debtor. Appeal of Comm. of Equity Sec. Holders of Am. Colonial Broad. Corp., 758 F.2d 794 (1st Cir. 1985).published
- Royal Bank & Trust Co. v. Pereira (In re Lady Madonna Indus., Inc.), 76 B.R. 281 (S.D.N.Y. 1987).published
- Providers Benefit Life Ins. v. Tidewater Grp., Inc. (In re Tidewater Grp., Inc.), 22 B.R. 500 (N.D. Ga. 1982).published
- In re Am. Colonial Broad. Corp., 758 F.2d 794 (1st Cir. 1985).published
- Novacor Chemicals Inc. v. GAF Corp., 164 F.R.D. 640 (E.D. Tenn. 1996).published
- Raines v. City of Kimball, 165 F.R.D. 75 (E.D. Tenn. 1996).published
At page 1017 cited at this page1 citing case
- Young Props. Corp. v. United Equity Corp., 534 F.2d 847 (9th Cir. 1976).published As recently as 1973, in In re Merle’s Inc., 481 F.2d 1016, 1017 (9 Cir. 1973), our court has held, “Under subdivision (a) of 11 U.S.C. § 47 [§ 24a of the Act], appeals will lie from either final or interlocutory decrees or orders entered i…
v.
C. C. SYNOGROUND, Trustee and P. D. Q. Frozen Foods, Inc., Petitioning Creditors
This appeal involves a quarrel between the trustee in bankruptcy and Tonkoff concerning the right and title to property claimed. On the 15th of January, 1971, appellant took possession of the property to secure his loan and continued in possession; paying the monthly installments, taxes and the insurance. On March 26, 1971, the Superior Court of Yakima County quieted the bankrupt’s title to the real and personal property involved in the appellant. On March 25, 1971, three unsecured creditors filed a petition for involuntary bankruptcy of this bankrupt. Mr. Kirschenmann was appointed Receiver. Appellant assured Mr. Kirschenmann that the assets in possession of appellant would be preserved and dealt with in accordance with any court order pertaining to the same if the Receiver would not interfere with the operation of the restaurant so that rental could be applied to meet the monthly payments. Appellant Tonkoff and Mr. Kirschenmann entered into negotiations for settlement of the bankruptcy estate’s claim against Tonkoff. They resolved to settle the claim for a $5,000 payment from Tonkoff to the estate. This settlement of the claim was approved by Referee in Bankruptcy, Mr. Kerley. This approval was given without notice to the creditors. When the creditors discovered that the compromise of claim had been entered into, they immediately petitioned the court to vacate the order approving the compromise. A full evidentiary hearing was held before Referee Kerley and he determined that the order previously entered should be vacated and the trustee be given leave to institute suit against Tonkoff to recover the property. Tonkoff filed a petition for review of Referee Kerley’s order setting aside the original compromise order. Judge Powell denied the review and the order setting aside the compromise order was affirmed. It is from this denial that Tonkoff appeals.
Under subdivision (a) of 11 U. S.C. § 47, appeals will lie from either final or interlocutory decrees or orders entered in “proceedings in bankruptcy”. On the other hand, appeals from orders or decrees entered in “controversies arising in proceedings in bankruptcy” may generally be taken only when those orders or decrees are final. Colliers, Vol. 2, Sec. 24, P. 735.
The Fifth Circuit held in Hamilton-Brown Co. v. Ben L. Berwald[*1018] Shoe Co., 10 F.2d 275 (5th Cir. 1926) that an order approving an offer of compromise involved a “controversy arising in proceedings in bankruptcy”. Likewise, an order disapproving an offer of compromise involves a “controversy” in that it entails matters arising in the course of a bankruptcy proceeding which are not mere steps in the administration of the estate, but which give rise to distinct and separable issues between trustees and adverse claimants, concerning the right and title to bankrupt’s property. Colliers, supra, p. 767, Harrison v. Chamberlain, 271 U.S. 191, 46 S.Ct. 467, 70 L.Ed. 191. Quarrels about what belongs in the bankrupt’s estate are plainly controversies rather than “proceedings”. Moore’s Federal Practice, (2d Ed.) Vol. 9, Sec. 110.19(5) p. 222.
Since the order in question involves a “controversy” rather than a “proceeding”, this court has jurisdiction to review only if the order is final and not interlocutory. A final order has been defined as follows: “A decision which finally determines the rights of parties to secure in that suit the relief they seek is a ‘final decision’.” Colliers, supra, p. 787. An interlocutory order or decree is one which does not finally determine a cause of action but only decides some intervening matter pertaining to the cause, and which requires further steps to be taken in order to enable the court to adjudicate the cause on the merits. Collier, supra, p. 792, citing Goldie v. Carr, 116 F.2d 335 (9th Cir. 1940).
An order approving a compromise, such as the one in Hamilton-Brown, supra, is final because it finally determines the rights of the parties. An order disapproving a compromise, however, is not final. It determines no rights and settles no issues. It merely leaves the question open for future adjudication.
To be reviewable, an order involving “controversy” must have the character of a formal exercise of judicial .power affecting the asserted rights of a party; it must substantially determine some issue. Judge Powell’s order had no such finality.
11 U.S.C. § 47(a) confers no jurisdiction on this court to review interlocutory orders involving “controversies”; the appeal is therefore dismissed for lack of jurisdiction.