November 27, 2016
Authored by: Michelle Masoner
District courts can hear an appeal from any interlocutory order, as long as they agree to accept the appeal. 28 U.S.C. § 158(a)(3). Final judgments, orders and decrees are always immediately appealable. 28 U.S.C. § 158(a)(1). Certain interlocutory orders, such as orders increasing or reducing the exclusive time periods for a debtor to file and obtain acceptance of a plan for reorganization under Chapter 11 are also immediately appealable. 28 U.S.C. § 158(a)(2). Other interlocutory orders are appealable only “with leave of the court.” Preliminary injunctions are interlocutory orders that fall into the last category.
The timing and process for perfecting an appeal of a preliminary injunction is not certain. Recently, Judge James Zagel in the Northern District of Illinois declined to grant leave to appeal a preliminary injunction entered in the bankruptcy court, finding the debtor had no automatic right to appeal. Gilman v. Goldberg (In re Goldberg),