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Case Comment

Pinpoint IT Services, LLC v. Rivera (In re Atlas IT Export Corp.), 761 F.3d 177 (1st Cir. 2014)

After the filing of a bankruptcy petition, all pending civil actions involving the debtor are stayed pursuant to the automatic stay provision of 11 U.S.C. § 362.  Creditors may seek relief by moving for the court to lift the automatic stay.  An order granting stay-relief is considered a “final” order from the bankruptcy court and therefore appealable as of right pursuant to 28 U.S.C. § 158(a); similarly, a majority of the federal courts of appeals recognize denials of stay-relief as final, appealable orders.  In In re Atlas IT Export Corp., the First Circuit created a circuit split when it held it lacked jurisdiction to hear the appeal from a bankruptcy court’s denial of stay-relief because the bankruptcy court’s decision did not amount to a “final order.”

Read the full Case Comment here.