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Area 1334(b) supplies the district courts "shall have jurisdiction of appeals from interlocutory orders and decrees of bankruptcy courts, but only by leave on the district courtroom to which the enchantment is taken."

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The Director's ultimate issues on the bankruptcy proceedings are that they must have been stayed or, alternatively, which the bankruptcy court docket must have abstained. We tackle these contentions subsequently.

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The licensee retains its ownership desire from the belongings and it is entitled to any surplus just after creditors are paid. That curiosity is "property in the estate" underneath section 541(a) on the Code

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The Director seeks to invoke an exception to the automatic stay provisions of portion 362 on the Code. Beneath segment 362, the submitting of a bankruptcy petition operates, with specific enumerated exceptions, being a stay of all judicial and non-judicial proceedings versus the debtor or his assets.

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We've got established that currency exchanges could be debtors under the Code. In result, we have found no federal plan of noninterference Along with the state's scheme for liquidating currency exchanges. Due to the paramountcy of federal bankruptcy regulation, the insurance policies fundamental the abstention doctrine have little or no power within a case by which an appropriate debtor pursues his suitable to hunt aid beneath the Code. The bankruptcy court docket effectively refused to abstain.

Also, the Director's argument ignores Congress' recognition that a 3rd party could have taken possession, custody, or control of the debtor's assets prior to the filing of the personal bankruptcy petition.

And, a district court's choice on an charm from a individual bankruptcy court's final get will probably be reviewed only if In addition it is closing. Riggsby, 745 F.second at 1155. Consequently, an purchase with the district courtroom remanding the situation to your personal bankruptcy court for even more important proceedings won't be immediately and promptly appealable to this court docket, provided the buy may be successfully reviewed on charm from the individual bankruptcy court's "last final" selection. Id. at 1156.

(1) the passions of creditors along with the debtor could well be greater served by these kinds of dismissal or suspension.

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