(S.D. Ind. Feb. 27, 2017)

The district court dismisses the appeal because the bankruptcy court’s order was not final and appealable. The creditor had filed an emergency motion for stay relief to proceed with acquiring title to the debtor’s real property through Indiana’s tax sale and tax deed procedures. The bankruptcy court denied the motion without prejudice. The district court holds that the bankruptcy court’s order was not final, in part because it was without prejudice and appeared to be a preliminary decision. Opinion below.

Judge: Young

Attorneys for Creditor: Harrison & Moberly, David J. Theising

Attorneys for Debtor: Tom Scott & Associates, PC, Jess M. Smith, III

2017-02-27-in-re-hazel