Supreme Court of the United States · Official docket →
Karl Linard Malloy v. Kristin E. Schelin, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 25-1234, 25-1973 · judgment December 1, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In Bullard v. Blue Hills Bank, 575 U.S. 496 (2015), this Court held that a bankruptcy order is final when it definitively resolves a discrete dispute within the bankruptcy case. In Ritzen Group, Inc. v. Jackson Masonry, LLC, 589 U.S. 35 (2020), this Court applied that rule to automatic-stay litigation, holding that such litigation constitutes a discrete procedural unit whose resolution yields a final, immediately appealable order. In the proceedings below, the bankruptcy court denied motions for protective relief under 11 U.S.C. § 362(a), holding that its prior remand order permitted (i) entry and docketing of a state-court judgment affecting estate property and (ii) continuation of appellate proceedings against the debtor. The district court dismissed the appeals for lack of jurisdiction, concluding that the bankruptcy court’s orders were not final and, in one instance, that the appeal was moot after judgment was entered. The court of appeals affirmed, holding that the bankruptcy court’s orders did not “definitively dispose of discrete disputes.” The question presented is: Whether a bankruptcy court order conclusively determining the scope of the automatic stay is a final order appealable as of right under 28 U.S.C. § 158(a)(1), or may be rendered effectively unreviewable through the combined application of non-finality and mootness doctrines. (i)
Counsel of record
For petitioner
Karl Linard Malloy
For respondent
E. Duffy Myrtetus
Eckert Seamans Cherin & Mellott, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 22 2026Petition DENIED.
- Jun 02 2026DISTRIBUTED for Conference of 6/18/2026.
- May 28 2026Waiver of right of respondent Kristin E. Schelin, et al. to respond filed.
- Mar 30 2026Petition for a writ of certiorari filed. (Response due June 1, 2026)