In action by debtor seeking sanctions against creditor-University for collecting on educational debt after said debt had been discharged in Chapter 7 proceeding, Ct. of Appeals lacked jurisdiction to consider defendant’s appeal of Dist. Ct.’s order that reversed Bankruptcy Ct.’s order that found that said debt was non-dischargeable student loan. Dist. Ct. held that said debt was not student loan, and thus was not excluded from bankruptcy discharge and remanded matter back to Bankruptcy Ct. for proceedings on question of sanctions. Dist. Ct.’s order was not final and appealable, since remand back to Bankruptcy Ct. contemplated more than ministerial acts pertaining to determination as to whether sanctions were warranted for violation of discharge injunction.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction