In Re St. Charles Pres. Investors, Ltd. Appeal of A.D. Adair, Jr., 916 F.2d 727 (D.C. Cir. 1990). · Go Syfert
In Re St. Charles Pres. Investors, Ltd. Appeal of A.D. Adair, Jr., 916 F.2d 727 (D.C. Cir. 1990). Cases Citing This Book View Copy Cite
44 citation events (23 in the last 25 years) across 13 distinct courts.
Strongest positive: Monte Rose, Jr. v. Robert F. Kennedy Jr. (cadc, 2026-03-10)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
cited Cited as authority (rule) Monte Rose, Jr. v. Robert F. Kennedy Jr.
D.C. Cir. · 2026 · confidence medium
Invs., Ltd., 916 F.2d 727, 729 (D.C.
cited Cited as authority (rule) In Re Max E. Salas
D.D.C. · 2022 · confidence medium
Charles Preservation Inv’rs, Ltd., 916 F.2d 727, 728 (D.C.
cited Cited as authority (rule) Gurrola v. United States ex rel. Internal Revenue Service
D.C. Cir. · 2014 · confidence medium
Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (per curiam).
cited Cited as authority (rule) In Re: Long-distance Telephone Service
D.C. Cir. · 2014 · confidence medium
Investors, Ltd., 916 F.2d 727, 729 (D.C.
cited Cited as authority (rule) Sierra Club v. United States Department of Agriculture
D.C. Cir. · 2013 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990)).
cited Cited as authority (rule) Safanda, Roy v. Holland, Diana
7th Cir. · 2008 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 728-29 (D.C.
discussed Cited as authority (rule) In Re Holland
7th Cir. · 2008 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 728-29 (D.C.Cir.1990) (per curiam); see also In re Wallace & Gale Co., 72 F.3d 21, 24 (4th Cir.1995) (“District court orders remanding cases to the bankruptcy court for further consideration are not, ordinarily, final orders.”).
cited Cited as authority (rule) Jordan Hospital v. Leavitt
D.D.C. · 2008 · confidence medium
Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990)); Am.
cited Cited as authority (rule) Khadr v. United States
D.C. Cir. · 2008 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990), to be conducted by the military judge on remand, the CMCR’s remand order is not final for purposes of appellate jurisdiction.
cited Cited as authority (rule) Bourne v. Northwood Properties, LLC (In Re Northwood Properties, LLC)
1st Cir. · 2007 · confidence medium
Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990).
discussed Cited as authority (rule) Natural Resources Defense Council, Sierra Club, Environmental Integrity Project v. Environmental Protection Agency and Stephen L. Johnson, Administrator, United States Environmental Protection Agency, Coalition for Responsible Waste Incineration Utility Air Regulatory Group Utility Solid Waster Activities Group, Intervenors American Municipal Power-Ohio, Inc. City of Dover, Ohio City of Hamilton, Ohio City of Orville, Ohio City of Painesville, Ohio, City of Shelby, Ohio City of St. Marys, Ohio v. Environmental Protection Agency, Natural Resources Defense Council Environmental Integrity Project v. Environmental Protection Agency and Stephen L. Johnson, Administrator, United States Environmental Protection Agency, Louisiana Environmental Action Network Sierra Club v. Environmental Protection Agency, Utility Solid Waster Activities Group, Intervenors Natural Resources Defense Council Sierra Club Environmental Integrity Project v. Environmental Protection Agency Stephen L. Johnson, Administrator, United States Environmental Protection Agency
D.C. Cir. · 2007 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (per curiam) (observing well-settled rule that "a district court order remanding a case to an agency for significant further proceedings is not final"); see also Pueblo of Sandia v. Babbitt, 231 F.3d 878, 881 (D.C.Cir. 2000) (holding that appellate court lacked jurisdiction to review district court order remanding to agency for further proceedings).
discussed Cited as authority (rule) Natural Resources Defense Council v. Environmental Protection Agency
D.C. Cir. · 2007 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (per curiam) (observing well-settled rule that “a district court order remanding a case to an agency for significant further proceedings is not final”); see also Pueblo of Sandia v. Babbitt, 231 F.3d 878, 881 (D.C.Cir.2000) (holding that appellate court lacked jurisdiction to review district court order remanding to agency for further proceedings).
cited Cited as authority (rule) Natl Resrc Def Cncl v. EPA
D.C. Cir. · 2007 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.
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
Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (per curiam); United States, Dep't of Air Force v. Carolina Parachute Corp., 907 F.2d 1469 , 1472 n. 3 (4th Cir.1990).
discussed Cited as authority (rule) Ransom, Alma v. Norton, Gale A. (2×)
D.C. Cir. · 2001 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.
discussed Cited as authority (rule) Pueblo of Sandia v. Babbitt, Bruce (2×) also: Cited "see"
D.C. Cir. · 2000 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990); see American Hawaii Cruises v. Skinner, 893 F.2d 1400, 1403 (D.C.Cir.1990).
cited Cited as authority (rule) In Re Marvel Entertainment Group, Inc.
3rd Cir. · 1998 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (district court order requiring confirmation of permanent trustee unappealable).
discussed Cited as authority (rule) In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-Koch (2×)
8th Cir. · 1997 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (adopting Riggsby and holding that “a district court order remanding a case to bankruptcy court for significant further proceedings is not final in the 28 U.S.C. § 158 (d) context”); In re Dixie Broadcasting, Inc., 871 F.2d 1023 , 1028 (11th Cir.1989) (questioning Christian and Marin and noting that “[t]his Circuit has consistently held that a district court order remanding the case to the bankruptcy court is not a final decision for purposes of appeal.”); In re Gould & Eberhardt Gear Machinery Corp., 852 F.2d 26 ,…
discussed Cited as authority (rule) Barbara G. Stuart v. Eugene Wayne Koch
8th Cir. · 1997 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.
discussed Cited as authority (rule) In Re Continental Airlines, Inc., Debtors, Continental Airlines, Inc. (2×)
3rd Cir. · 1991 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (per curiam); In re Gould & Eberhardt Gear Machinery Corp., 852 F.2d 26, 28-29 (1st Cir.1988); In re Miscott Corp., 848 F.2d 1190 , 1192 (11th Cir.1988); Bowers v. Connecticut Nat'l Bank, 847 F.2d 1019, 1023 (2d Cir.1988); In re County Management, Inc., 788 F.2d 311 , 314 n. 4 (5th Cir.1986).
discussed Cited as authority (rule) Consumer News & Business Channel Partnership v. Dow Jones/Group W Television Co.
2d Cir. · 1991 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (per curiam) (following Bowers ; confirmation of elected trustee significant); In re Compton Corp., 889 F.2d 1104, 1107-08 (T.E.C.A.1989) (following Bowers ; determination of claim amount requiring determination by administrative tribunal significant).
discussed Cited as authority (rule) In Re Financial News Network, Inc.
2d Cir. · 1991 · confidence medium
Charles Preservation Investors, Ltd., 916 F.2d 727, 729 (D.C.Cir.1990) (per curiam ) (following Bowers; confirmation of elected trustee significant); In re Compton Corp., 889 F.2d 1104, 1107-08 (T.E.C.A.1989) (following Bowers; determination of claim amount requiring determination by administrative tribunal significant).
cited Cited "see" Pueblo Chemical, Inc. v. III ENTERPRISES INC., V
E.D. Pa. · 1994 · signal: see · confidence high
See In re St Charles Preservation Investors, Ltd., 916 F.2d 727 (D.C.Cir.1990); Bank of Lafayette v. Baudoin, 981 F.2d 736 (5th Cir.1993).
Retrieving the full opinion text from the archive…
In Re ST. CHARLES PRESERVATION INVESTORS, LTD. Appeal of A.D. ADAIR, Jr., Et Al., Appellants
90-7058.
Court of Appeals for the D.C. Circuit.
Oct 19, 1990.
916 F.2d 727
1990 U.S. App. LEXIS 18286
1990 WL 156220
Charles H. White, Jr., Washington, D.C., for appellants., Joseph R. Whaley, Trustee, Rockville, Md., for appellee., Robert H. Bear, Washington, D.C., for appellees.
Wald, Ginsburg, Williams.
Cited by 33 opinions  |  Published
2 passages pin-cited by 5 cases
Pinpoint authority: bottom 92%
Citer courts: District of Columbia (4) · D. Arizona (1)

ON MOTION TO DISMISS

Before WALD, Chief Judge, RUTH BODER GINSBURG and WILLIAMS, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

This appeal requires the court to consider whether a district court order remanding a case to bankruptcy court for significant further proceedings constitutes a final order appealable under 28 U.S.C. § 158(d). In accord with the view adopted by a majority of circuit courts, we now hold that such an order is not final for purposes of court of appeals review. We therefore dismiss this appeal for lack of jurisdiction.

In 1983, St. Charles Preservation Investors, Ltd. (“St. Charles”), a Georgia limited partnership formed to acquire the St. Charles Hotel in Washington, D.C., issued limited partnership interests denoted as “Class A” and “Class B.” Class A limited partners were required to make a one-time cash payment of $19,000 per unit and were entitled to receive two “guaranteed” payments equaling the payback of their purchase price plus monthly interest payments on their investment at a rate of 18% per year. Class B limited partners made contributions of $62,000 per unit, with $12,000 payable upon subscription and the balance payable over four years ending March 1, 1987.

In January 1985, the St. Charles Hotel suffered substantial operating losses and was sold in foreclosure. Beginning in March 1985, Class B limited partners defaulted on their payment obligations. On December 22, 1987, St. Charles filed a Chapter 7 petition in bankruptcy court. See 11 U.S.C. § 701 et seq. (1990). Because the hotel property was owned through another limited partnership which also declared bankruptcy, the estate has no assets other than the money owed by Class B partners.

At a meeting of creditors, Class A limited partners, acting through counsel, elected Joseph R. Whaley as permanent trustee. An' objection was made and a motion to confirm Whaley’s election filed. The bankruptcy court denied the motion, holding that the right of Class A limited partners to acquire interest on their invested capital was not a debt conferring creditor status within the meaning of 11 U.S.C. § 101(9) (1989), and therefore these partners were not entitled to participate in the election of a trustee. See 11 U.S.C. § 702. Class A limited partners appealed to the district court pursuant to 28 U.S.C. § 158(a) (1984).

The district court reversed the bankruptcy court’s ruling, concluding that the entitlement of Class A limited partners to guaranteed payments confers “creditor” status under the statute, permitting those partners to participate in the election of a trustee. The district court remanded the case to bankruptcy court for further proceedings 112 B.R. 469. Class B limited partners thereupon sought to appeal that decision to this court.

The courts of appeals have jurisdiction over all final decisions entered by district courts in appeals from bankruptcy courts. See 28 U.S.C. § 158(d) (1984). A majority of circuit courts have held that a district court order is not final if “[it] remands the case to the bankruptcy judge for significant further proceedings.” Matter of Riggsby, 745 F.2d 1153, 1155 (7th Cir. 1984). See In re Dixie Broadcasting Inc., 871 F.2d 1023, 1028 (11th Cir.), cert. denied, — U.S. -, 110 S.Ct. 154, 107 L.Ed.2d 112 (1989); Bowers v. Connecticut [*729] National Bank, 847 F.2d 1019, 1023 (2d Cir.1988); Matter of Greene County Hospital, 835 F.2d 589, 596 (5th Cir.), cert. denied, 488 U.S. 820, 109 S.Ct. 64, 102 L.Ed.2d 41 (1988); In re Commercial Contractors, Inc., 771 F.2d 1373, 1375 (10th Cir.1985). Under this view, a district court order of remand to a bankruptcy court may be considered final, for purposes of court of appeals jurisdiction, only where the remand leaves solely “ministerial” proceedings to be conducted by the bankruptcy court. See In re Gould & Eberhardt Gear Machinery Corp., 852 F.2d 26 (1st Cir.1988) (order remanding case for computation of amounts according to established formulae appealable); In re Lift & Equipment Service, Inc., 816 F.2d 1013, modified on reh’g, 819 F.2d 546 (5th Cir.1987) (remand for determination of which items should be deducted from accounts receivable rather than from assets deemed ministerial).

This view commends itself to us for the reasons discussed by the Seventh Circuit in Matter of Riggsby, 745 F.2d at 1155-56. For purposes of determining court of appeals jurisdiction, we see no logical distinction between a district court order remanding a case to a bankruptcy court and one remanding a case to an administrative agency. See id. at 1156. It is well settled that, as a general rule, a district court order remanding a case to an agency for significant further proceedings is not final. See, e.g., WMATA v. Director, Office of Workers’ Compensation Programs, 824 F.2d 94, 95 (D.C.Cir.1987). See also American Hawaiian Cruises v. Skinner, 893 F.2d 1400 (D.C.Cir.1990). But see Occidental Petroleum Corp. v. SEC, 873 F.2d 325 (D.C.Cir.1989) (order remanding case ap-pealable where agency to which case is remanded seeks to appeal and would not be positioned to do so following remanded proceedings). The same practical considerations militating against piecemeal court of appeals review in agency matters apply with equal force in the bankruptcy context.

This approach best serves the interests of judicial economy and efficiency. By deferring consideration of an appeal until bankruptcy proceedings on remand are completed, a court of appeals avoids the prospect of entertaining two appeals, one from the order of remand and one from entry of a district court order reviewing the remanded proceedings. Such a deferral also leaves open the possibility that no appeal will be taken, in the event that proceedings on remand are satisfactory to all parties. Moreover, because bankruptcy proceedings are often summary, a remand may require little time to complete and thus it may be more efficient for a court of appeals to adjudicate the case after a bankruptcy court has terminated its proceedings. See Matter of Riggsby, 745 F.2d at 1155-56. For these reasons, we conclude, in accord with a majority of our sister circuits, that a district court order remanding a case to bankruptcy court for significant further proceedings is not final in the 28 U.S.C. § 158(d) context. [1]

Applying this approach to the instant case, we hold that the district court’s order remanding this case to bankruptcy court is not final. The district court’s order requires the bankruptcy judge not only to confirm the election of a trustee, but also to determine the rights and priorities of Class A limited partners as creditors and to determine their eligibility for assets of the estate. Resolution of these claims will occasion “significant further proceedings,” compelling the conclusion that the district court’s remand order is not appealable at this juncture. See Matter of Riggsby, 745 F.2d at 1156.

[*730] We also observe that jurisdiction in this court does not lie under the collateral order doctrine. See Cohen v. Beneficial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949). See also Richardson-Merrell, Inc. v. Koller, 472 U.S. 424, 105 S.Ct. 2757, 86 L.Ed.2d 340 (1985); Coopers & Lybrand v. Livesay, 437 U.S. 463, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978). The district court’s conclusion that Class A limited partners are creditors is not severable from the merits of those creditors’ claims and the decision is not “unreviewable” once the bankruptcy court resolves the claims of Class A appellees. See Matter of Greene County Hospital, 835 F.2d at 596.

We therefore conclude that the district court’s order remanding this case to bankruptcy court for a determination of Class A appellees’ rights and priorities as creditors is not final and hence in unreviewable at this juncture. [2] Accordingly, we dismiss this appeal for lack of jurisdiction.

It is so ordered.

1

. We do not find persuasive the view espoused by the Third Circuit, that if a bankruptcy court order is indisputably final, a district court’s decision reversing or affirming that order is also final for purposes of court of appeals review. See Matter of Marin Motor Oil, Inc., 689 F.2d 445, 449 (3d Cir.1982), cert. denied, 459 U.S. 1207, 103 S.Ct. 1196, 75 L.Ed.2d 440 (1983) (district court order reversing bankruptcy court’s refusal to permit creditors' committee to intervene in bankruptcy reorganization found reviewable). See also In re Bestmann, 720 F.2d 484, 486 (8th Cir.1983). We do not agree that the finality of the underlying bankruptcy court order, rather than the finality of the ensuing district court order, should be determinative of court of appeals jurisdiction. See Matter of Marin Motor Oil, Inc., 689 F.2d at 448.

2

. We note that the Sixth Circuit recently adopted still another approach toward the finality problem in bankruptcy appeals by applying the procedural requirements of Fed.R.Civ.P. 54(b) to determine court of appeals jurisdiction. See In re Frederick Petroleum Corporation, 912 F.2d 850 (6th Cir.1990). It does not appear that this new rule would cover the claim presented here, as the instant case involves a threshold issue of participation by creditors and hence is not severable from other claims, as contemplated by Rule 54(b). In any case, however, we are not prepared to embrace this new tack at this early juncture.

We furthermore note that no certification under 28 U.S.C. § 1292(b) was made in this case.