If a discharge order is granted, can the discharge order be appealed?

federal, United States of America

The following excerpt is from In re Joseph, 208 BR 55 (B.A.P. 9th Cir. 1997):

However, even if the discharge order rendered the appeal moot, it is likely that this scenario will happen again. There is an exception to the general mootness rule when an injury is "capable of repetition, yet evading review." See Cammermeyer v. Perry, 97 F.3d 1235, 1238 (9th Cir.1996). Under this exception, "there must be a `reasonable expectation' that the same complaining party will be subject to the same injury again and the injury suffered must be of a type inherently limited in duration such that it is likely always to become moot before federal court litigation can be completed." Id. (citations omitted). The bankruptcy court issued a standard order for 707(b) motions, which apparently had been issued in the past and which would be repeated. It is unlikely that discharge orders would be stayed pending an appeal of those standard orders, thereby rendering any appeals moot before relief could be granted. This appeal meets the qualifications for the exception, and, thus, the Panel has jurisdiction.

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