Supreme Court of the United States

Ritzen Group, Inc., Petitioner v. Jackson Masonry, LLC

January 14, 2020589 U.S. 35

Summary

The Court, in an opinion by Justice Ginsburg, held that adjudication of a motion for relief from bankruptcy’s automatic stay constitutes a discrete proceeding, and an order unreservedly granting or denying that relief is final and immediately appealable under 28 U.S.C. § 158(a). Because Ritzen did not appeal within 14 days after the Bankruptcy Court conclusively denied its motion, the Court affirmed the Sixth Circuit’s judgment upholding dismissal of that appeal as untimely. The Court reserved whether a denial without prejudice anticipating changed circumstances would be final. There were no separate opinions.

Holding

  • Finality of an order conclusively resolving a motion for relief from the automatic stay.. Adjudication of a stay-relief motion is a discrete bankruptcy proceeding, and an order unreservedly granting or denying relief is final and immediately appealable under 28 U.S.C. § 158(a).
  • Timeliness of Ritzen’s appeal from the denial of stay relief.. Ritzen’s appeal was untimely because it did not appeal within 14 days after the Bankruptcy Court conclusively denied its stay-relief motion.

Docket 18-938

Cited authorities

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