Ct. of Appeals lacked jurisdiction to consider Dist. Ct.’s order reversing Bankruptcy Ct.’s order that had essentially granted request by junior secured creditor to marshal debtor’s assets in such fashion that would allow both senior and junior creditors to be paid in full at expense of unsecured creditors. Record showed that Dist. Ct. had remanded matter back to Bankruptcy Ct. with instructions to make new distribution that did not marshal debtor’s assets, and Ct. of Appeals found that said order was not final and appealable, even though issue of marshaling assets had been resolved, since: (1) no party could assure Ct. of Appeals that subsequent action taken by Bankruptcy Ct. would concern only ministerial acts; and (2) all parties would be free in Bankruptcy Ct. to object to new proposed distribution of debtor’s assets.
Federal 7th Circuit Court
Civil Court
Jurisdiction