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Abstract: In law, as in life, it is often desirable to have certainty and finality. Just as knowing when a global pandemic will end would provide a sense of relief and an ability to plan for the future, knowing when a bankruptcy court order is final and, hence, appealable, would do the same. Unfortunately, a clear answer on either of these issues may not be forthcoming anytime soon.
However, this year, in Ritzen Group, Inc. v. Jackson Masonry, LLC, the Supreme Court did provide a small slice of certainty when it held that adjudication of a motion for automatic stay relief yields a final, appealable order when the bankruptcy court unreservedly grants or denies that relief. In addition, although many commentators were quick to point out that the Court left an awful lot to be decided, in this corner of the law, at least, uncertainty might actually be the better option.
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