In the Matter of Richard Lee Fox & Marlyce Kay Fox, Debtors. Appeal of Peter F. Herrell, Tr. in Bankr., 762 F.2d 54 (7th Cir. 1985). · Go Syfert
In the Matter of Richard Lee Fox & Marlyce Kay Fox, Debtors. Appeal of Peter F. Herrell, Tr. in Bankr., 762 F.2d 54 (7th Cir. 1985). Cases Citing This Book View Copy Cite
115 citation events (30 in the last 25 years) across 21 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) T & B Scottdale Contractors, Inc. v. United States
11th Cir. · 1989 · quote attribution · 1 verbatim quote · confidence high
fjinal' does not mean the same thing in bankruptcy as in other federal cases. a proceeding to establish a claim against a bankrupt estate is final for the purposes of appeal when it is over and done with, even though the bankruptcy goes on.
cited Cited as authority (rule) Phillips v. Goldman
9th Cir. · 2026 · confidence medium
In re Saxman, 325 F.3d 1168, 1172 (9th Cir. 2003) (quoting In re Fox, 762 F.2d 54, 55 (7th Cir. 1985)).
discussed Cited as authority (rule) Renee Annette Washington v. JPMorgan Chase Bank N.A.
N.D. Ill. · 2025 · confidence medium
Appx. 507, 509 (7th Cir. 2011) (“A bankruptcy judge’s decision to allow a claim is a “final” order that is immediately appealable to the district court under § 158(a)(1)”); Matter of Wade, 991 F.2d 402, 406 (7th Cir. 1993) (same); see In re Morse Electric Co., Inc., 805 F.2d 262, 264 (7th Cir. 1986) (explaining the disposition of a creditor’s accepted claim is final even though the court has not yet established how much of the claim can be paid given”); In re Fox, 762 F.2d 54, 55 (7th Cir.1985) (“A proceeding to establish a claim against a bankrupt estate is final for purposes…
discussed Cited as authority (rule) Starion Financial v. McCormick (In Re McCormick)
8th Cir. · 2016 · confidence medium
Indeed, the BAP’s remand order leaves the bankruptcy court tasks which are likely to “generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal.” In re Vekco, Inc., 792 F.2d 744, 745 (8th Cir.1986) (quoting In re Fox, 762 F.2d 54, 55 (7th Cir.1985)).
cited Cited as authority (rule) James Sahagun v. Landmark Fence Co.
9th Cir. · 2015 · confidence medium
Corp. (In re Saxman), 325 F.3d 1168, 1172 (9th Cir.2003) (quoting In re Fox, 762 F.2d 54, 55 (7th Cir.1985)).
discussed Cited as authority (rule) United States Department of Agriculture v. Sexton
W.D. Va. · 2015 · confidence medium
All that was left for the bankruptcy court to do was a “purely mechanical, computational, or in short ‘ministerial’ task, whose performance was unlikely ... to affect the issue that the disappointed party want[ed] to raise on appeal.” In re Fox, 762 F.2d 54, 55 (7th Cir.1985); see also In re Yates, No. BAP WY-04-036, 04-20069, 2005 WL 50188 , at *3 (10th Cir. BAP Jan. 11, 2005) (per curiam) (“Here, the issue of attorney’s fees is separate and collateral to the merits of the case because the bankruptcy court’s decision on whether the Appellant had violated the automatic stay effec…
discussed Cited as authority (rule) Okin Adams & Kilmer, L.L.P. v. Joseph Hill (2×)
5th Cir. · 2014 · confidence medium
I believe that an elaboration of what our predecessor judges meant by these seemingly widely separated standards will better reveal the boundary between them. 13 Case: 13-20035 Document: 00512570508 Page: 14 Date Filed: 03/24/2014 No. 13-20035 One of our first cases after the 1984 amendments held that a district court order that remanded to a bankruptcy court is appealable “if all that remains to do on remand is a purely mechanical, computational, or in short [a] ‘ministerial’ task, whose performance is unlikely to affect the issue that the disappointed party wants to raise on appeal fro…
cited Cited as authority (rule) In Re Kmart Corp.
Bankr. N.D. Ill. · 2007 · confidence medium
The Seventh Circuit has observed that “ ‘final’ does not mean the same thing in bankruptcy as in other federal cases.” Matter of Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) In Re Dennis Leroy Saxman, Debtor, Dennis Leroy Saxman v. Educational Credit Management Corporation, and Department of Education (2×)
9th Cir. · 2003 · confidence medium
This of course makes it all the more ironic that the majority chose to cite In re Fox, 762 F.2d 54, 55 (7th Cir.1985) when calling the bankruptcy court’s remaining tasks in this case “ministerial,” since the Seventh Circuit, and the seven other circuits cited above, have openly rejected the Ninth Circuit’s approach to the finality of remand orders in bankruptcy cases.
discussed Cited as authority (rule) In Re Ronald L. Natale Janet L. Natale. Ronald Natale and Janet Natale v. French & Pickering Creeks Conservation Trust, Inc. Lester W. Schwartz Frederick L. Reigle, Standing Chapter 13 Trustee. French & Pickering Creeks Conservation Trust, Inc.
3rd Cir. · 2002 · confidence medium
See [In re The Charter Co., 778 F.2d 617, 621 (11th Cir.1985)] (the particular adversary proceeding must be finally resolved, rather than the entire bankruptcy litigation); [ In re Fox, 762 F.2d 54, 55 (7th Cir.1985)] (proceeding to establish claim against bankrupt estate is final for purposes of appeal when completed, even though the bankruptcy continues). 21 Following that reasoning, we have deemed final an order of the bankruptcy judge expunging a creditor's claim, Walsh, 838 F.2d at 701, and an order lifting the automatic stay subjecting real property to immediate foreclosure, Comer, 716 F…
discussed Cited as authority (rule) Natale v. French & Pickering Creeks Conservation Trust, Inc.
3rd Cir. · 2002 · confidence medium
See [In re The Charter Co., 778 F.2d 617, 621 (11th Cir.1985)] (the particular adversary proceeding must be finally resolved, rather than the entire bankruptcy litigation); [In re Fox, 762 F.2d 54, 55 (7th Cir.1985)] (proceeding to establish claim against bankrupt estate is final for purposes of appeal when completed, even though the bankruptcy continues).
discussed Cited as authority (rule) Golant, Joseph H. v. Levy, Abraham
7th Cir. · 2001 · confidence medium
Thus, "in cases like ours where the bankruptcy court is affirmed, ’the affirmance [is] a final decision appealable to us.’" In the Matter of Weber, 892 F.2d 534, 538 (7th Cir. 1989) (quoting In re Fox, 762 F.2d 54, 55 (7th Cir. 1985)).
discussed Cited as authority (rule) In Re: Joseph H. Golant, Debtor. Joseph H. Golant v. Abraham Levy
7th Cir. · 2001 · confidence medium
Thus, “in cases like ours where the bankruptcy court is affirmed, ‘the affirmance [is] a final decision appealable to us.’ ” In the Matter of Weber, 892 F.2d 534, 538 (7th Cir.1989) (quoting In re Fox, 762 F.2d 54, 55 (7th Cir.1985)).
discussed Cited as authority (rule) In Re: Stuart J. Atlas, Vicki K. Atlas, Debtors. James O. Guy v. Patricia Dzikowski, Trustee
11th Cir. · 2000 · confidence medium
See e.g., In re Fugazy Express, Inc., 982 F.2d 769, 775-76 (2d Cir.1992) (holding that bankruptcy court's order finding a transfer improper was not a final order because an accounting of the damages to be paid had not been completed); In re Colon, 941 F.2d 242 , 244 (3rd Cir.1991) (holding that a bankruptcy court's order was final where assessment of attorney's fees remained to be resolved); In re Morrell, 880 F.2d 855, 855-56 (5th Cir.1989) (holding that a bankruptcy court's order was not final where assessment of damages pursuant to § 362(h) remained to be resolved); In re Fox, 762 F.2d 54,…
discussed Cited as authority (rule) In Re Dow Corning Corp.
Bankr. E.D. Mich. · 1999 · confidence medium
In re Vause, 886 F.2d 794, 797 (6th Cir.1989) (holding that an order which disallowed a claim pursuant to § 502(b)(6) was final and appealable); Siegel v. Federal Home Loan Mortgage Corp., 143 F.3d 525, 529 (9th Cir.1998) (describing claims-allowance orders as “being in the nature of a final judgment” (citation omitted)); 2 Porges, 44 F.3d at 165; Walsh Trucking Co. v. Insurance Co. of North America, 838 F.2d 698, 701 (3d Cir.1988) (“[A]n order expunging a creditor’s claim in an ongoing bankruptcy proceeding is a final order immediately appealable-”); In re Fox, 762 F.2d 54, 55 (7th…
discussed Cited as authority (rule) Beal Bank, S.S.B. v. Caddo Parish-Villas South, Ltd.
5th Cir. · 1999 · confidence medium
Clarifying what it meant by “purely ministerial,” the court cited the Seventh Circuit’s opinion in In re Fox, 762 F.2d 54, 55 (7th Cir.1985), in which our sister circuit determined that an order is final if “all that remains to do on remand is a purely mechanical, computational, or in short ‘ministerial’ task, whose performance is unlikely to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand.” This court further explained the distinction between ministerial and judicial functions in Aegis Specialty Marketing…
discussed Cited as authority (rule) In the Matter of Francisco Lopez, Debtor-Appellant
7th Cir. · 1997 · confidence medium
In re Stoecker, 5 F.3d 1022, 1026 (7th Cir.1993); In re Jartran, Inc., 886 F.2d 859, 862 (7th Cir.1989); In re Fox, 762 F.2d 54, 55 (7th Cir.1985); In re Goldblatt Bros., Inc., 758 F.2d 1248, 1250-51 (7th Cir.1985).
cited Cited as authority (rule) United States v. Midway Industrial Contractors, Inc. (In Re Midway Industrial Contractors, Inc.)
N.D. Ill. · 1995 · confidence medium
The Seventh Circuit has held that “(A)n order upholding liability but leaving damages for subsequent determination is not a final order.” In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
cited Cited as authority (rule) In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. Stoecker
7th Cir. · 1993 · confidence medium
In re Fox, 762 F.2d 54, 55 (7th Cir.1985); Parks v. Pavkovic, 753 F.2d 1397, 1402 (7th Cir.1985).
discussed Cited as authority (rule) Charles Richardson v. Richard B. Gramley, Warden of Dixon Correctional Center (2×)
7th Cir. · 1993 · confidence medium
Co. v. Wetzel, 424 U.S. 737, 744 , 96 S.Ct. 1202, 1206 , 47 L.Ed.2d 435 (1976); In re Fox, 762 F.2d 54, 55 (7th Cir.1985); In re Goldblatt Bros., 758 F.2d 1248, 1250 (7th Cir.1985).
cited Cited as authority (rule) In the Matter of Ulyssus George Wade, Joyce Wade, and U.G. Wade Trucking, Inc., Debtors-Appellants
7th Cir. · 1993 · confidence medium
In re Excello Press, Inc., 967 F.2d 1109 (7th Cir.1992) (cases remanded to a bankruptcy judge for computational purposes only); In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) Inalene Lewis v. United States of America, Farmers Home Administration
8th Cir. · 1993 · confidence medium
In defining what constitutes a purely mechanical or ministerial task, this court has included those actions “whose performance is unlikely to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand.” Vekco, 792 F.2d at 745 (quoting In re Fox, 762 F.2d 54, 55 (7th Cir.1985)).
cited Cited as authority (rule) In re Wade
7th Cir. · 1993 · confidence medium
In re Excello Press, Inc., 967 F.2d 1109 (7th Cir.1992) (cases remanded to a bankruptcy judge for computational purposes only); In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) In the Matter of Elwood Ford, Incorporated, Debtor. Appeal of Ford Motor Credit Company
7th Cir. · 1992 · confidence medium
A district court order which remands a case to the bankruptcy court may be considered final if "all that remains to do on remand is a purely mechanical, computational, or in short 'ministerial' task, whose performance is unlikely either to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand." In re Fox, 762 F.2d 54, 55 (7th Cir.1985). 2 However, here the bankruptcy court's task on remand is not ministerial.
cited Cited as authority (rule) In the Matter of Official Committee of Unsecured Creditors of White Farm Equipment Company, Debtor. Appeal of Internal Revenue Service
7th Cir. · 1991 · confidence medium
See Jartran, 886 F.2d at 861 (characterizing bankruptcy appeals as possessing a “somewhat relaxed sense of finality”); In re Fox, 762 F.2d 54, 55-56 (7th Cir.1985).
discussed Cited as authority (rule) In the Matter of Mary Leasure Unroe, Debtor (2×) also: Cited "see"
7th Cir. · 1991 · confidence medium
Finality in the bankruptcy context operates somewhat differently, In re Fox, 762 F.2d 54, 55-56 (7th Cir.1985), because of the potential finality of certain orders before the estate is closed.
cited Cited as authority (rule) In the Matter of Martin Szekely and Donna Szekely, Debtors-Appellants
7th Cir. · 1991 · confidence medium
In re Jartran, supra, 886 F.2d at 862 ; In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
cited Cited as authority (rule) H.L. Blachford, Ltd. v. Bowers-Siemon Chemicals Co. (In Re Bowers-Siemon Chemicals Co.)
N.D. Ill. · 1991 · confidence medium
In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) United Jersey Bank/Central, N.A. v. Collated Products Corp. (In Re Collated Products Corp.)
D. Del. · 1990 · confidence medium
See, In re The Charter Co., 778 F.2d 617, 621 (11th Cir.1985) (“In bankruptcy proceedings, it is generally the particular adversary proceedings or controversy that must be finally resolved, rather than the entire bankruptcy litigation.”); In re Fox, 762 F.2d 54, 55 (7th Cir.1985) (“A proceeding to establish a claim against a bankrupt estate is final for purposes of appeal when it is over and done with, even though the bankruptcy goes on.”).
cited Cited as authority (rule) Parr Elevator, Inc. v. Schultz Manufacturing & Fabricating Co.
N.D. Ind. · 1990 · confidence medium
In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) In the Matter of Donald Weber and Roxanne Weber, Debtors. Appeal of Michael C. Ablan, Creditor
7th Cir. · 1989 · confidence medium
Inc., 758 F.2d 1248, 1250 (7th Cir.1985)), or whether the remaining work to be done is merely ministerial (making the order final and appealable despite its direction to remand, see In re Fox, 762 F.2d 54, 55 (7th Cir.1985)).
discussed Cited as authority (rule) Kellogg v. United States Department of Energy (2×)
Temp. Emerg. Ct. App. · 1989 · confidence medium
Significant Further Proceedings Finding that the subordination issue is not a separate judicial unit, we now turn to the trustee’s second argument that finality nevertheless exists because the district court order does not involve a remand of “the case to the bankruptcy judge for significant further proceedings. ” In re Riggsby, 745 F.2d 1153 , 1156 (7th Cir.1984) (emphasis added). 2 As explained in In re Fox: Although a district court’s decision remanding a case to a bankruptcy judge normally is not final for purposes of appeal, it is final for those purposes if all that remains to do…
discussed Cited as authority (rule) In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc. (2×)
7th Cir. · 1989 · confidence medium
Although both bankruptcy court and district court orders must be final if jurisdiction under section 158(d) is to lie, In re Riggsby, 745 F.2d 1153 , 1155-56 (7th Cir.1984), even a district court order remanding the case to the bankruptcy court may qualify as final if “all that remains to do on remand is a purely mechanical, computational, or in short ‘ministerial’ task, whose performance is unlikely either to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand.” In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
cited Cited as authority (rule) Kroh Bros. Development Co. v. United Missouri Bank of Kansas City (In Re Kroh Bros. Development Co.)
W.D. Mo. · 1989 · confidence medium
Matter of Fox, 762 F.2d 54, 55 (7th Cir.1985); In re Ryther, 799 F.2d 1412 , 1414 (9th Cir.1986); In re Stanton, 766 F.2d 1283, 1287 (9th Cir.1985).
discussed Cited as authority (rule) Schneider v. United States Department of Agriculture, Farmers Home Administration (In re Schneider)
8th Cir. · 1989 · confidence medium
This determination is not “a purely mechanical, computational, or in short, ‘ministerial’ task, whose performance is unlikely to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand.” In re Vekco, 792 F.2d at 745 , quoting In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) In Re Schneider
8th Cir. · 1989 · confidence medium
This determination is not "a purely mechanical, computational, or in short, 'ministerial' task, whose performance is unlikely to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand." In re Vekco, 792 F.2d at 745 , quoting In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) T & B Scottdale Contractors, Inc. v. United States
11th Cir. · 1989 · confidence medium
The district court's decision that the funds belong in the bankruptcy estate leaves nothing for the bankruptcy court to do except begin the everyday steps of the bankruptcy adjudication process. 6 See Matter of Fox, 762 F.2d 54, 55 (7th Cir.1985) (" '[F]inal' does not mean the same thing in bankruptcy as in other federal cases.
cited Cited as authority (rule) In Re Opelika Manufacturing Corp.
N.D. Ill. · 1988 · confidence medium
In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) In Re Miscott Corporation
11th Cir. · 1988 · confidence medium
Gulf Refining Co. v. United States, 269 U.S. 125, 136 , 46 S.Ct. 52, 53 , 70 L.Ed. 195 (1925) (rendering judgment for the exact sums set forth in stipulations was ministerial duty); Turner v. Orr, 759 F.2d 817, 820 (11th Cir.1985) (calculation of back pay and seniority of Air Force civilian employee was purely ministerial), cert. denied, 478 U.S. 1020 , 106 S.Ct. 3332 , 92 L.Ed.2d 738 (1986); Matter of Fox, 762 F.2d 54, 55 (7th Cir.1985) ("[a]n order upholding liability but leaving damages for subsequent determination is not a final order"). 10 In this instance, enough remains for the bankrupt…
discussed Cited as authority (rule) Miscott Construction Corp. v. Zaremba Walden Co.
11th Cir. · 1988 · confidence medium
Gulf Refining Co. v. United States, 269 U.S. 125, 136 , 46 S.Ct. 52, 53 , 70 L.Ed. 195 (1925) (rendering judgment for the exact sums set forth in stipulations was ministerial duty); Turner v. Orr, 759 F.2d 817, 820 (11th Cir.1985) (calculation of back pay and seniority of Air Force civilian employee was purely ministerial), ce rt. denied, 478 U.S. 1020 , 106 S.Ct. 3332 , 92 L.Ed.2d 738 (1986); Matter of Fox, 762 F.2d 54, 55 (7th Cir.1985) (“[a]n order upholding liability but leaving damages for subsequent determination is not a final order”).
discussed Cited as authority (rule) Central Illinois Savings & Loan Ass'n v. Rittenberg Co.
N.D. Ill. · 1988 · confidence medium
Lexis 3230 (3d Cir.1988) (“[Although the district court may grant leave to appeal from interlocutory orders, no such power is granted to courts of appeals — our jurisdiction is limited to final orders and judgments of the bankruptcy courts and district courts.”); In re Fox, 762 F.2d 54, 55 (7th Cir.1985).
cited Cited as authority (rule) In Re Hospital General San Carlos, Inc.
D.P.R. · 1988 · confidence medium
In re Saco Local Development Corp., 711 F.2d 441 at 446 ; Matter of Fox, 762 F.2d 54, 55 (7th Cir.1985).
discussed Cited as authority (rule) Clark v. First State Bank ex rel. Merger Merchants Bank (In re White Beauty View Inc.) (2×)
3rd Cir. · 1988 · confidence medium
See also In re Looney, 823 F.2d 788 , 791 n. 3 (4th Cir.), cert. denied, — U.S. -, 108 S.Ct. 488 , 98 L.Ed.2d 486 (1987); In re Brown, 803 F.2d 120 , 122 (3d Cir.1986); In re The Charter Co., 778 F.2d 617, 621 (11th Cir.1985); In re Fox, 762 F.2d 54, 55 (7th Cir.1985); Four Seas Center Ltd, 754 F.2d 1416, 1418 (9th Cir.1985); In re Adiron dack Ry., 726 F.2d 60 , 64 (2d Cir.1984); In re Comer, 716 F.2d 168 , 172, (3d Cir.1983).
discussed Cited as authority (rule) In Re White Beauty View, Inc. And Guccini, Inc., Debtors. George E. Clark, Jr., Esquire, Trustee v. First State Bank, Now by Merger Merchants Bank, Defendant-Third Party v. Leroy Guccini, Lois Guccini, Richard Guccini, and Beverly Guccini, Third-Party Appeal of Merchants Bank (2×)
1st Cir. · 1988 · confidence medium
See also In re Looney, 823 F.2d 788 , 791 n. 3 (4th Cir.), cert. denied, --- U.S. ----, 108 S.Ct. 488 , 98 L.Ed.2d 486 (1987); In re Brown, 803 F.2d 120 , 122 (3d Cir.1986); In re The Charter Co., 778 F.2d 617, 621 (11th Cir.1985); In re Fox, 762 F.2d 54, 55 (7th Cir.1985); Four Seas Center Ltd, 754 F.2d 1416, 1418 (9th Cir.1985); In re Adirondack Ry., 726 F.2d 60, 64 (2d Cir.1984); In re Comer, 716 F.2d 168 , 172, (3d Cir.1983). 14 Initially, we must address the question whether the order of the bankruptcy judge here is "final." Considerations unique to bankruptcy appeals have led us to const…
discussed Cited as authority (rule) 18 Collier bankr.cas.2d 183, Bankr. L. Rep. P 72,190 in the Matter of Walsh Trucking Co., Inc., a New Jersey Corporation, National Retail Transportation, Inc., a Pennsylvania Corporation, Coastal Freight Lines, Inc., a Pennsylvania Corporation, Hempstead Delivery Co., Inc., a New York Corporation and Francis J. Walsh, Jr., Individually and D/B/A Frank Walsh Financial Resources v. Insurance Company of North America, National Union Fire Insurance Company of Pittsburg, Pa., Granite State Insurance Company, Royal Indemnity Company and Allianz Underwriters, Inc. Appeal of Centre Services, Inc
3rd Cir. · 1988 · confidence medium
In re The Charter Co., 778 F.2d 617, 621 (11th Cir.1985) ("In bankruptcy proceedings, it is generally the particular adversary proceeding or controversy that must be finally resolved, rather than the entire bankruptcy litigation."); In re Fox, 762 F.2d 54, 55 (7th Cir.1985) ("A proceeding to establish a claim against a bankrupt estate is final for purposes of appeal when it is over and done with, even though the bankruptcy goes on."). 21 In considering the appealability of bankruptcy rulings of the district court to the court of appeals, 4 this court has consistently interpreted the concept of…
discussed Cited as authority (rule) Walsh Trucking Co. v. Insurance Co. of North America
3rd Cir. · 1988 · confidence medium
In re The Charter Co., 778 F.2d 617, 621 (11th Cir.1985) (“In bankruptcy proceedings, it is generally the particular adversary proceeding or controversy that must be finally resolved, rather than the entire bankruptcy litigation.”); In re Fox, 762 F.2d 54, 55 (7th Cir.1985) (“A proceeding to establish a claim against a bankrupt estate is final for purposes of appeal when it is over and done with, even though the bankruptcy goes on.”).
discussed Cited as authority (rule) Bankr. L. Rep. P 72,020 in the Matter of Lytton's, Henry C. Lytton and Company, an Illinois Corporation, Debtor. Appeal of Cluett, Peabody and Company, Inc
7th Cir. · 1988 · confidence medium
Cluett relies on language in In re Fox, 762 F.2d 54, 55 (7th Cir.1985), to argue that all that is left for the bankruptcy court is "a purely mechanical, computerized, or in short 'ministerial' task, whose performance is unlikely either to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand." Cluett's reliance on Fox is misplaced, not only because that case involved the question of finality of a district court's remand of a case to a bankruptcy court, but also because the bankruptcy court's final determination of compensatio…
discussed Cited as authority (rule) In re Lytton's
7th Cir. · 1987 · confidence medium
Cluett relies on language in In re Fox, 762 F.2d 54, 55 (7th Cir.1985), to argue that all that is left for the bankruptcy court is “a purely mechanical, computerized, or in short ‘ministerial’ task, whose performance is unlikely either to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand.” Cluett’s reliance on Fox is misplaced, not only because that case involved the question of finality of a district court’s remand of a case to a bankruptcy court, but also because the bankruptcy court’s final determination …
cited Cited as authority (rule) Eric M. King v. Ionization International, Inc.
7th Cir. · 1987 · confidence medium
Catton Farms, Inc., 779 F.2d 1242, 1250 (7th Cir.1985); In re Fox, 762 F.2d 54, 56 (7th Cir.1985); In re Saco Local Development Corp., 711 F.2d 441, 446-48 (1st Cir.1983).
cited Cited as authority (rule) King v. Ionization International, Inc.
7th Cir. · 1987 · confidence medium
Catton Farms, Inc., 779 F.2d 1242, 1250 (7th Cir.1985); In re Fox, 762 F.2d 54, 56 (7th Cir.1985); In re Saco Local Development Corp., 711 F.2d 441, 446-48 (1st Cir.1983).
Retrieving the full opinion text from the archive…
In the Matter of Richard Lee FOX and Marlyce Kay Fox, Debtors. Appeal of Peter F. HERRELL, Trustee in Bankruptcy
84-2541.
Court of Appeals for the Seventh Circuit.
May 13, 1985.
762 F.2d 54
Peter F. Herrell, Jordan, Herrell & Thiel, Eau Claire, Wis., for plaintiff., Allan Ohm, Mattka, Robertson & Ohm, Galesville, Wis., for defendant.
Wood, Posner, Flaum.
Cited by 84 opinions  |  Published
[*55] POSNER, Circuit Judge.

A trustee in bankruptcy appeals from the district judge’s reversal of a bankruptcy judge’s disallowance of the claims of two banks to participate in the bankrupt estate as unsecured creditors. The banks are seeking the difference between what the debtors owed them on their loans and what selling the properties by which the loans were secured have yielded or will yield the banks. The only question we shall have to decide, however, is whether we have jurisdiction of the appeal.

Our recent decisions in In re Riggsby, 745 F.2d 1153 (7th Cir.1984), and Firestone Tire & Rubber Co. v. Goldblatt Bros., Inc., 758 F.2d 1248 (7th Cir.1985), provide the framework for analyzing the question, and familiarity with those decisions is assumed. As explained in them, under both the current provision governing bankruptcy appeals (28 U.S.C. § 158, adopted last summer) and the immediate predecessor to that provision (28 U.S.C. § 1293, superseded by last summer’s amendments), only final orders by the district courts in bankruptcy cases are appeal-able to the courts of appeals. But even under the new provision, “final” does not mean the same thing in bankruptcy as in other federal cases. A proceeding to establish a claim against a bankrupt estate is final for purposes of appeal when it is over and done with, even though the bankruptcy goes on. Hence if the district court had affirmed the bankruptcy judge’s disallowance of the banks’ claims, the affirmance would have been a final decision appealable to us. But the district court did not affirm; it reversed and remanded for further proceedings to figure out not only how much money the banks were entitled to but how much each of them would get from the remaining, and insufficient, assets of the estate.

Although a district judge’s decision remanding a case to a bankruptcy judge normally is not final for purposes of appeal, it is final for those purposes if all that remains to do on remand is a purely mechanical, computational, or in short “ministerial” task, whose performance is unlikely either to generate a new appeal or to affect the issue that the disappointed party wants to raise on appeal from the order of remand. Firestone Tire & Rubber Co. v. Goldblatt Bros., Inc., supra, 758 F.2d at 1250; Parks v. Pavkovic, 753 F.2d 1397, 1401-02 (7th Cir.1985). At the other extreme, an order upholding liability but leaving damages for subsequent determination is not a final order. See, e.g., Liberty Mutual Ins. Co. v. Wetzel, 424 U.S. 737, 744, 96 S.Ct. 1202, 1206, 47 L.Ed.2d 435 (1976). Too much is left to do in the trial court (here the bankruptcy court). The likelihood that the proceedings on remand will moot, or at least alter, the issues that would be raised on an appeal from the liability determination, or will raise new issues for appeal and thus lead to multiple appeals if the order on liability is appeala-ble, is too great to make an immediate appeal efficient. Although there is a sense in which the district court’s order is “final” in that court, we rejected that sense in Riggsby and in Firestone. A remand in a bankruptcy controversy — a severable proceeding, such as the proceedings on the claims of these two banks, within the overall bankruptcy proceeding — is not a final order (and hence is not appealable) unless only a ministerial task remains to be done on remand.

One of the banks in this case has sold the property securing its loan, and it got $61,-000 from the sale (we round off all dollar figures to the nearest thousand). Since the unpaid portion of the loan was $71,000, and the bank had paid $4,000 in taxes, the sale left a deficiency of about $15,000. The other bank, which has an outstanding debt (including taxes) of almost $180,000, has not yet sold the property that the debtor had pledged to it, but has listed it for sale for $80,000. The assets remaining in the bankrupt estate available to pay the two deficiencies are worth $12,000. With respect to the second bank, the question is not even close. With the property still to be sold, the size of the bank’s claim is indefinite, just as in the Firestone case,[*56] where a $30,000 dispute over the value of the creditor’s claim had still to be resolved. See 758 F.2d at 1250. But even with respect to the first bank, we cannot say that its claim is so definitely established that only a computational task remains for the bankruptcy court on remand. It may be, for example, that the bankrupt will object that the bank got less than it could have gotten for the sale of the property and hence that the deficiency is more than can fairly be charged back to the estate.

It is quite true, as pointed out in In re Saco Local Development Corp., 711 F.2d 441, 446-48 (1st Cir.1983), that orders allowing claims against the bankrupt estate are normally considered final for purposes of bankruptcy appeals even though the actual amount to be realized on the claim may not be determined till the actual liquidation of the estate. The idea of a severa-ble proceeding within the overall bankruptcy proceedings would have no meaning otherwise. But here the amount of the claim against the estate (after sale of the collateral securing the underlying debt), and not merely the amount of the claim that can actually be realized, remains uncertain.

After the division of the estate the trustee can again appeal to the district court, and if that court adheres to its present view he can then appeal to us. But the order that the trustee has asked us to review is not within our appellate jurisdiction, and of course the fact that none of the parties has raised a jurisdictional issue cannot prevent us from ordering the appeal

Dismissed.