Crane Rental Company, Inc.

OCR transcription for search; preserved printed pages are authoritative

Case 05-43338 Doc 287 Filed 03/27/06 Entered 03/27/06 13:13:12 Desc Main
Document Page 1of2

UNITED STATES BANKRUPTCY COURT
DISTRICT OF MASSACHUSETTS

WESTERN DIVISION
NOT FOR PUBLICATION
)
In re ) Chapter 11
Crane Rental Company, Inc., ) Case No. 05-43338-JBR
Debtor. )
)

ORDER

Tie Debtor’s Motion for Authority to Compromise the Controversy (Doc. 285) is hereby
DENIED WITHOUT PREJUDICE because a timely appeal of the bankruptcy court’s order
(Doc. 218) is presently pending before the United States District Court and the bankruptcy court
does not have jurisdiction to act on the motion.

"The filing of a notice of appeal is an event of jurisdictional significance--it confers
jurisdiction on the court of appeals and divests the district court of its control over those aspects
of the case involved in the appeal." Griggs v. Provident Consumer Discount Co., 459 U.S. 56,
58, 103 %.Ct. 400, 402, 74 L.Ed.2d 225 (1982) (per curiam). “The rule is well established that the
taking of an appeal transfers jurisdiction from the Bankruptcy Court to the Appellate Court with
regard to matters involved in the appeal and divest the Bankruptcy Court of jurisdiction to
proceed further with such matters.” In re Kendrick Equipment Corporation, 60 B.R. 356, 358
(Bankr. W.D.Va. 1986) (citations ommitted). “This is so because a bankruptcy judge does not
have concurrent jurisdiction with the district court [or BAP] over the subject matter of an
appeal... Once a notice of appeal is filed ‘no lower court should be able to vacate or even modify

an order under appeal, not even a bankruptcy court attempting to eliminate the need for a

7)

Case 05-43338 Doc 287 Filed 03/27/06 Entered 03/27/06 13:13:12 Desc Main
Document Page 2 of 2

particular appeal.’... The rationale for this rule is the avoidance of confusion and waste of time
that might result from putting the same issues before two courts at the same time.” Jn re
Emergency Beacon Corporation, 58 B.R. 399, 402 (S.D.N.Y. 1986).

Ttie Debtor’s Motion is DENIED WITHOUT PREJUDICE.

Date: March 27, 2006

Joel & Rosenthal
United States Bankruptcy Court