Educational Credit, et al v. Coleman

Filing 920080821

Opinion

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT In the Matter of: CATHY COLEMAN, Debtor. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Appellant, v. CATHY COLEMAN, Appellee. No. 06-16477 D.C. No. CV-05-05231-SC Northern District of California, San Francisco ORDER Filed August 22, 2008 Before: Diarmuid F. O'Scannlain and Michael Daly Hawkins, Circuit Judges, and James V. Selna,* District Judge. ORDER Because the bankruptcy court's denial of Educational Credit's motion to dismiss was an interlocutory order, this court lacks jurisdiction to consider the appeal from the district court's order affirming that decision. See Stanley v. S.S. Retail Stores Corp. (In re S.S. Retail Stores Corp.), 162 F.3d 1230, 1232 (9th Cir. 1998), and Belo Broad. v. Rubin (In re Rubin), 693 F.2d 73, 74 (9th Cir. 1982). The Opinion filed on August 1, 2008 is vacated and the case is remanded for the limited purpose of allowing the district court to determine whether to *The Honorable James V. Selna, United States District Judge for the Central District of California, sitting by designation. 11391 11392 IN THE MATTER OF: COLEMAN certify this issue for appeal under 28 U.S.C. 1292(b). See, e.g., Goodson v. Rowland (In re Pintlar Corp.), 133 F.3d 1141, 1143 (9th Cir. 1998); Koehler v. Bank of Bermuda Ltd., 101 F.3d 863, 864 (2d Cir. 1996) (purpose of 1292(b) is to allow the Court of Appeals to "rule on . . . ephemeral question[s] of law that m[ight] disappear in the light of a complete and final record."). If the district court determines that certification is appropriate, we will construe the previously filed notice of appeal in this docket as a timely request for permission to appeal pursuant to Fed. R. App. P. 5. Upon issuance of the district court's ruling on remand, we will determine whether to dismiss this appeal for lack of jurisdiction or to grant permission to file the interlocutory appeal. SO ORDERED. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson Reuters/West.

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