In Re Vylene Enterprises, Inc., Debtor. Vylene Enterprises, Inc. v. Naugles, Inc.

968 F.2d 887, 92 Daily Journal DAR 9249, 27 Collier Bankr. Cas. 2d 771, 1992 U.S. App. LEXIS 14636, 23 Bankr. Ct. Dec. (CRR) 236, 1992 WL 145075
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 29, 1992
Docket91-55087
StatusPublished
Cited by81 cases

This text of 968 F.2d 887 (In Re Vylene Enterprises, Inc., Debtor. Vylene Enterprises, Inc. v. Naugles, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Vylene Enterprises, Inc., Debtor. Vylene Enterprises, Inc. v. Naugles, Inc., 968 F.2d 887, 92 Daily Journal DAR 9249, 27 Collier Bankr. Cas. 2d 771, 1992 U.S. App. LEXIS 14636, 23 Bankr. Ct. Dec. (CRR) 236, 1992 WL 145075 (9th Cir. 1992).

Opinions

BEEZER, Circuit Judge:

We consider court of appeals jurisdiction over an adversary proceeding that began in the bankruptcy court and was appealed to the district court. The district court vacated the bankruptcy court’s final judgment in favor of Vylene Enterprises, Inc. (Vylene) and remanded to the bankruptcy court for submission of proposed findings of fact and conclusions of law. Because the district court’s order is not final, we dismiss Vyl-ene’s appeal for lack of jurisdiction.

[889]*889I

FACTS AND PROCEDURAL HISTORY

Naugles, Inc. (Naugles) franchised one of its Mexican fast food restaurants to Vylene. The parties’ dispute centers on whether Naugles breached its duty to negotiate in good faith with Vylene for an extension of the franchise agreement.

Vylene’s adversary filing in bankruptcy has produced a number of published dispositions.1

Vylene filed the pending action in the bankruptcy court when it was the debtor in possession in Chapter 11 proceedings. Naugles consistently objected to the bankruptcy court’s assertion of core jurisdiction over the case.2 Pursuant to its claimed core jurisdiction, the bankruptcy court rendered a final money judgment in Vylene’s favor. Vylene Enters. v. Naugles, Inc. (In re Vylene Enters.), 105 B.R. 42 (Bankr.C.D.Cal.1989) (opinion re liability) and Adv. No. LA-85-4983-SB (Bankr. No. LA-84-14659-SB) (Bankr.C.D.Cal. July 5, 1990) (ruling on damages). The district court vacated the bankruptcy court’s judgment and remanded the case to the bankruptcy court for disposition as an otherwise related proceeding. Vylene Enters., 122 B.R. 747 (C.D.Cal.1990), vacating and remanding 105 B.R. 42 and Adv. No. LA-85-4983-SB.

Vylene appeals the district court’s order, relying on 28 U.S.C. § 1291 as the basis for court of appeals jurisdiction.

We have jurisdiction over an appeal only if authorized by statute. We “determine sua sponte [our] proper jurisdiction.” Pizza of Hawaii, Inc. v. Shakey’s Inc. (In re Pizza of Hawaii, Inc.), 761 F.2d 1374, 1377 (9th Cir.1985). We must dismiss an appeal when we lack jurisdiction.

II

ORIGINAL JURISDICTION IN BANKRUPTCY — STATUTORY FRAMEWORK

District courts have original, but not exclusive, jurisdiction over bankruptcy cases. 28 U.S.C. § 1334. Such cases are automatically referred to the bankruptcy court. 28 U.S.C. § 157(a). Bankruptcy courts may enter final orders and judgments in cases under title 11 (the Bankruptcy Code) and in core proceedings. 28 U.S.C. § 157(b)(1); see 28 U.S.C. § 157(b)(2) (defining core proceedings). The bankruptcy court has jurisdiction to submit proposed findings of fact and conclusions of law in proceedings that are otherwise related to a case under title 11, but it may not issue final orders or judgments. 28 U.S.C. § 157(c)(1). The bankruptcy court makes the initial determination whether a case is a core or otherwise related proceeding. 28 U.S.C. § 157(b)(3). For cause shown, the district court may withdraw, in whole or in part, any case or proceeding referred to the bankruptcy court. 28 U.S.C. § 157(d).

The district courts have bankruptcy appellate jurisdiction.

The district courts ... have jurisdiction to hear appeals from final judgments, orders, and decrees, and, with leave of the court, from interlocutory orders and decrees, of bankruptcy judges entered in cases and proceedings referred to the bankruptcy judges under section 157 of this title.

28 U.S.C. § 158(a).

The bankruptcy appellate panel has similar appellate jurisdiction. 28 U.S.C. § 158(b) (parties must consent).

[890]*890In otherwise related proceedings the district court acts as the trial court and enters any final order or judgment “after reviewing de novo those matters [ (found or concluded by the bankruptcy court) ] to which any party has timely and specifically objected.” § 157(c)(1).

Ill

COURT OF APPEALS JURISDICTION IN BANKRUPTCY — STATUTORY FRAMEWORK

The statutory framework governing original bankruptcy jurisdiction precedes an appeal to the court of appeals, and it controls which statutes confer jurisdiction on appeal.

In limited circumstances we hear interlocutory appeals.

When a district judge, in making in a civil action an order not otherwise ap-pealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order. ...

28 U.S.C. § 1292(b).3

We have jurisdiction over final decisions of district courts.

The courts of appeals ... shall have jurisdiction of appeals from all final decisions of the district courts ... except where a direct review may be had in the Supreme Court.

28 U.S.C. § 1291.

We also have jurisdiction over appeals from all final decisions, judgments, orders, and decrees entered under [28 U.S.C. § 158(a), (b).]

28 U.S.C. § 158(d).

We now proceed to consider whether any of these statutes permit us to exercise jurisdiction over Vylene’s appeal.

IV

28 U.S.C. § 1292(b) INTERLOCUTORY APPEAL

Interlocutory orders of the district court, sitting as a bankruptcy trial or bankruptcy appellate court)4 are reviewable by the court of appeals in limited circumstances. Connecticut Nat’l Bank v.

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968 F.2d 887, 92 Daily Journal DAR 9249, 27 Collier Bankr. Cas. 2d 771, 1992 U.S. App. LEXIS 14636, 23 Bankr. Ct. Dec. (CRR) 236, 1992 WL 145075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-vylene-enterprises-inc-debtor-vylene-enterprises-inc-v-ca9-1992.