Opinion
24-1314 BAP 24-12-CO
08-14-2024
In re: SHERRY ANN MCGANN, Debtor. v. JEANNE Y. JAGOW, Chapter 7 Trustee, Appellee. SHERRY ANN MCGANN, Appellant,
(Bankruptcy Appellate Panel)
Before MATHESON, EID, and CARSON, Circuit Judges.
ORDER
This matter comes before the court on pro se Appellant Sherry McGann's response to this court's show cause order regarding this court's jurisdiction over this appeal.
The bankruptcy court ordered Ms. McGann to vacate and turn over a property in Grand Lake, Colorado (the "Turnover Order"). Ms. McGann filed a motion to stay the order pending an appeal, which the bankruptcy court denied. Ms. McGann then appealed the Turnover Order to the Bankruptcy Appellate Panel ("BAP") and again filed a motion to stay the order pending appeal. The BAP denied the stay, and Ms. McGann now appeals the BAP's denial of stay to this court.
After Ms. McGann filed her appeal, this court issued an order to show cause questioning our appellate jurisdiction. Ms. McGann filed her response to our show cause order, asserting this court has jurisdiction under the collateral order doctrine and 28 U.S.C. § 158(a). Neither argument is compelling.
"The denial of a stay pending appeal is not an appealable order." UCFW Loc. 880-Retail Food Emps. Joint Pension Fund v. Newmont Mining Corp., 276 Fed.Appx. 747, 749 (10th Cir. 2008) (unpublished) (internal quotation marks omitted); see also In re Atencio, 913 F.2d 814, 816 (10th Cir. 1990) (when a court acting in its appellate capacity denies a stay of an underlying order of the bankruptcy court order pending appeal, the 10th Circuit lacks jurisdiction to review that interlocutory order). Ms. McGann argues that the Turnover Order and the BAP's order are effectively unreviewable from a final judgment. However, that does not cure the lack of finality of the BAP's order denying a stay, nor does it counter this court's precedent clearly stating that a denial of a stay pending appeal is not an appealable order. The BAP appeal remains pending and has not reached its conclusion. Thus, this court does not have jurisdiction to consider an appeal from the BAP's order denying her request for stay pending appeal.
APPEAL DISMISSED.