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The affirmance of such orders because of the district court didn't alter their interlocutory character. It follows this court doesn't have jurisdiction to review them underneath area 1293(b). The issue stays whether or not they are reviewable below one of several Specific treatments for interlocutory appeals, quite a few of which had been suggested from the district courtroom to generally be acceptable bases for our jurisdiction.
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The debtors have submitted a movement to strike parts on the Director's temporary on the ground which the arguments contained therein are centered upon factual issues introduced on the district court docket for The very first time within an affidavit attached on the Director's motion for reconsideration. The motion was denied within a minute order and we've been struggling to inform whether or not the district court refused to take into account the affidavit or simply established the issues contained while in the affidavit did not change its conclusion.
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This crystal clear sign of Congressional intent also disposes of the Director's contention that since his receiver turned vested with title for the belongings on the exchanges pursuant to part fifteen.
The buy denying the Director's motion to dimiss the chapter 11 petitions didn't irrevocably make your mind up the debtors' proper to carry on in individual bankruptcy courtroom. Somewhat, it truly is our Keeping With this enchantment of the turnover choice that has the impact of foreclosing any chance from the Director succeeding around the jurisdictional argument in the later charm from the denial of the motion to dismiss the chapter eleven petitions
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(1) the passions of creditors and also the debtor can be improved served by this kind of dismissal or suspension.
The Director seizes on this percentage of the legislative background to argue which the expression "custodian" encompasses only court docket-appointed receivers and never administrative receivers. In light-weight with the unrestrictive language applied In this particular definition, that Congress did not refer especially to administrative receivers from the legislative history is not, inside our check out, indicative of its intent to exclude them.
The Director's contention the exchanges are certainly not "normal firms," but somewhat "special organizations whose extremely existence depended upon licensing with the Condition of Illinois" will not alter our conclusion that the receiver's unique title for the property did not preclude the submitting in the petitions. He is solely rephrasing the argument, which We now have now rejected, that forex exchanges are akin to All those entities which are precluded from being debtors under eleven U.S.C. Sec. 109(b)(two).