Detherage Properties, LLC v. Spradlin et al

Filing 4

OPINION & ORDER: matter before Court on the Motion for Leave to Appeal (DE 1 ) filed by appellant Detherage Properties, LLC. Court has jurisdiction to review final judgments, orders and decrees of a bankruptcy court under 28:158(a)(1). In its motion , Detherage states the order from which it seeks to appealapproved a sale of all or substantially all of the debtor's assets. An order approving the sale of a debtor's assets is a final order. There has been no objection to Detherage's motion. Accordingly, the Court hereby ORDERS as follows: 1) The Motion for Leave to Appeal is GRANTED; and 2) Clerk is DIRECTED to file the Bankruptcy Scheduling Notice in the record. Signed by Judge Karen K. Caldwell. (TDA) cc: COR

UNITED STATES DISTRICT COURT E A ST E R N DISTRICT OF KENTUCKY SO U T H E R N DIVISION at PIKEVILLE C IV IL ACTION NO. 7:09- CV-154-KKC IN RE: A LM A ENERGY, LLC _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ _ D ET HE RA GE PROPERTIES, LLC, v. PH A E D R A SPRADLIN, United States Trustee, et al., O P IN IO N AND ORDER DEBTOR

A P P E LL A N T ,

A P P E LLE E S ,

**** **** **** **** T h i s matter is before the Court on the Motion for Leave to Appeal (DE 1) filed by the appellant D ethe rage Properties, LLC. This Court has jurisdiction to review final judgments, orders, and decrees of a bankruptcy court u n d er 28 U.S.C. § 158(a)(1). In its motion, Detherage states the order from which it seeks to appeal app roved a sale of all or substantially all of the debtor's assets. An order approving the sale of a debtor's assets is a final order. In re Nashville Senior Living, LLC, 407 B.R. 222, 225 (B.A.P. 6th Cir. 2009); In re Quaker City Castings, Inc., 337 B.R. 729 at *1 (B.A.P. 6 th Cir. 2005)(table decision)(citing In re Sax, 796 F.2d 994, 996 (7th Cir.1986)). There has been no objection to Detherage's motion. Accordingly, the Court hereby ORDERS as follows: 1) 2) The Motion for Leave to Appeal is GRANTED; and The Clerk of the Court is DIRECTED to file the Bankruptcy Scheduling Notice in the record of this matter.

Dated this 4th day of February, 2010.