Cox v. Nostaw, Inc.

Ct. of Appeals denied Bankruptcy Trustee’s motion to dismiss his appeal and to remand case in light of Bankruptcy Ct.’s statement that it would approve settlement between parties, after parties had filed joint motion in Bankruptcy Ct. asking for indicative ruling as to whether it would approve their proposed settlement. While Trustee filed instant motion under Federal Rule of Appellate Procedure 12.1, said Rule authorizes such relief only after Dist. Ct. has said it was inclined to grant motion that would otherwise be barred by pending appeal. As such, Trustee needs to obtain indicative ruling by Dist. Ct. in addition to instant indicative ruling by Bankruptcy Ct. before dismissal/remand of instant case can occur.