Ct. of Appeals lacked jurisdiction to consider merits of appeal of Bankruptcy Ct.’s order remanding plaintiff-creditor’s foreclosure action to state court. Section 1447(d) provides that order that remands matter to State court from which it had been removed is generally not reviewable on appeal, and 28 USC section 1452(b) limits ability of Ct. of Appeals to review remand orders pertaining to matters relating to bankruptcy cases. As such, both sections 1447d) and 1452(b) precluded Ct. of Appeals from considering merits of remand order under circumstances where Bankruptcy Ct. had made finding that it lacked jurisdiction over foreclosure action because of prior finding that defendants-debtors’ prior bankruptcy discharge did not cover debt at issue in foreclosure action. Defendants also waived any argument on appeal of Dist. Ct.’s award of attorney’s fees and costs associated with remand order, where defendants’ argument against said award of fees and costs was different from their appellate challenge to said award.
Federal 7th Circuit Court
Civil Court
Removal Jurisdiction