In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.

907 F.2d 1280, 116 B.R. 1280, 23 Collier Bankr. Cas. 2d 132, 1990 U.S. App. LEXIS 10527
CourtCourt of Appeals for the Second Circuit
DecidedJune 25, 1990
Docket955, Docket 89-5023
StatusPublished
Cited by413 cases

This text of 907 F.2d 1280 (In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Sonnax Industries, Inc., Debtor. Sonnax Industries, Inc. v. Tri Component Products Corp., 907 F.2d 1280, 116 B.R. 1280, 23 Collier Bankr. Cas. 2d 132, 1990 U.S. App. LEXIS 10527 (2d Cir. 1990).

Opinion

*1282 WINTER, Circuit Judge:

This is an appeal from a denial of relief from the automatic stay provision of 11 U.S.C. § 362 (1988). 99 B.R. 591. Appel-lee Sonnax Industries, Inc. (“Sonnax”) filed for bankruptcy after failing to obtain relief in New York state courts from an injunction prohibiting it from soliciting business from, or conducting business with, customers of appellant Tri Component Products Corporation (“Tri Component”). Following the bankruptcy filing, Tri Component moved to modify the automatic stay to allow it to continue prosecution of its state-court claim against Sonnax and the other defendants and to file motions for contempt for violation of the state-court injunction. Because we find that we have appellate jurisdiction and that the district court did not abuse its discretion in denying relief from the stay, we affirm.

BACKGROUND

Sonnax was founded in 1977 as a Vermont corporation engaged in the manufacture of automobile parts, particularly transmission parts. In 1986, Sonnax began to manufacture torque converter parts.

Tri Component, a New York corporation, is a full-line manufacturer and distributor of torque converter parts with annual sales in excess of $7 million. It has developed a copyrighted numbering system of the parts it sells. In November 1982, Tri Component hired Lawrence May as sales manager of its torque converter department. At some point May signed a restrictive covenant in which he agreed not to use information or knowledge gained within three years of leaving his job at Tri Component. In September 1986, May left Tri Component and shortly thereafter was hired by Sonnax as an independent sales representative.

In May 1987, Tri Component filed an action in New York state court against Sonnax, its president Neil Joseph, and May, alleging that May had breached the restrictive covenant by using confidential knowledge gained at Tri Component, including Tri Component customer lists, in his job at Sonnax. Tri Component requested not only money damages but also injunctive relief. A preliminary injunction was granted on November 30, 1987, prohibiting Son-nax from soliciting business from, or doing business with, entities who had been customers of Tri Component prior to September 1986; from distributing or otherwise using a catalog referring to Tri Component’s cataloguing and parts numbering system, copyrighted material and trade secrets; and from using Tri Component’s customer list. On January 15, 1988, the three defendants appealed to the Appellate Division, First Department, and thereafter moved to stay the injunction pending the appeal. The motion was denied on March 8, 1988.

The next day Sonnax filed its petition for bankruptcy in the Bankruptcy Court for the District of Vermont. After Tri Component filed its proof of claim, it moved to modify the automatic stay of 11 U.S.C. § 362 to allow it to continue prosecution of its litigation in New York courts and to enforce the injunction. The motion was transmitted from the bankruptcy court to the district court pursuant to 28 U.S.C. § 157(d) (1982 & Supp. V 1987). The district court denied Tri Component’s motion. Tri Component appealed.

DISCUSSION

1. Jurisdiction ■

We first address the question of appellate jurisdiction. The procedural posture of this appeal is somewhat unusual. Ordinarily, a bankruptcy court would deny the motion to lift the stay, a decision reviewable on appeal by a district court under Section 158, 28 U.S.C. § 158(a) (1988). Because Section 158 grants courts of appeals “jurisdiction of appeals from all final decisions, judgments, orders, and decrees entered under” Section 158, only a “final” decision by a district court would be reviewable by a court of appeals. See 28 U.S.C. § 158(d).

In this case, however, the district court was acting under Section 157(d), which authorizes district courts to “withdraw [from the bankruptcy court], in whole or in part, any case or proceeding referred *1283 under [Section 157].” We hold that we do not have jurisdiction under Section 158, but the denial of the motion to lift the stay was a final appealable order under 28 U.S.C. Section 1291.

Section 158 grants courts of appeals jurisdiction to hear appeals from “final decisions ... entered under subsections (a) and (b) of [Section 158].” Subsections (a) and (b), however, concern only appeals heard by district courts from bankruptcy courts. Because the district court in the instant matter was exercising original jurisdiction under Section 157(d), we do not have appellate jurisdiction under Section 158. See United States v. Nicolet, Inc., 857 F.2d 202, 204 (3d Cir.1988).

We nonetheless have jurisdiction under DiPierro v. Taddeo (In re Taddeo), 685 F.2d 24, 26 n. 4 (2d Cir.1982), although that decision has been followed in only modified fashion by other courts and has been impliedly criticized by a familiar commentator. Before addressing that criticism, we note that because we conclude that the order is final, we do not reach an issue, discussed in the margin, 1 that might otherwise complicate this case.

The standards for determining finality in bankruptcy differ from those applicable to ordinary civil litigation. The need for different standards arises from the fact that a bankruptcy proceeding is umbrella litigation often covering numerous actions that are related only by the debtor’s status as a litigant and that often involve decisions that will be unreviewable if appellate jurisdiction exists only at the conclusion of the bankruptcy proceeding. See Dubin v. Securities & Exchange Comm’n (In re Johns-Manville), 824 F.2d 176, 179 (2d Cir. 1987). We have thus recognized that Congress intended to allow for immediate appeal in bankruptcy cases of orders that “finally dispose of discrete disputes within the larger case.” Id. (quoting In re Saco Local Development Corp., 711 F.2d 441, 444 (1st Cir.1983)). This caselaw has developed, however, in the course of reviewing decisions under Section 158(d). Our cases appear not to have addressed the question of whether the standards for determining finality under Section 158(d) apply to bankruptcy appeals under Section 1291 or whether resort must be had to the principles established in Cohen v.

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907 F.2d 1280, 116 B.R. 1280, 23 Collier Bankr. Cas. 2d 132, 1990 U.S. App. LEXIS 10527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sonnax-industries-inc-debtor-sonnax-industries-inc-v-tri-ca2-1990.