Schaumburg Bank & Trust v. Alsterda

Ct. of Appeals dismissed for lack of jurisdiction creditor’s appeal of Dist. Ct.’s order finding that creditor had not been assigned right to pursue state court claim for fraudulent transfer of debtor’s asset and that said claim belonged to bankruptcy estate, where Ct. of Appeals found that no final judgment or appealable order had been entered by Dist. Ct. Record showed that Dist. Ct. order contemplated future hearing to determine creditor’s security interest in transferred asset, and instant appeal was filed prior to said hearing. As such, Ct. distinguished between resolution of “discrete dispute,” which is appealable, from resolution of “discrete issue,” which is not appealable, and found that Dist. Ct.’s order was more properly classified as discrete issue that would not be appealable until creditor’s actual interest in asset had been determined.