In Re: Motors Liquidation Company
- Alison Nathan
- 1:19-cv-06668
- U.S. District Court · Southern District of New York
- 1
In re Motors Liquidation v. Motors Liquidation Trust, Judge Nathan dismissed Marianne OGrady’s appeal with prejudice and denied fee-free appellate status.
Marianne OGrady’s appeal was dismissed with prejudice, fee-free status for an appeal was denied, and the case was closed. Motors Liquidation Company Avoidance Action Trust was the appellee.
What happened
In Re: Motors Liquidation Company involved an appeal by Marianne OGrady from a bankruptcy-related matter involving Motors Liquidation Company and its Avoidance Action Trust.
The court dismissed the appeal with prejudice, meaning it could not be refiled. It also denied OGrady permission to appeal without paying fees, finding that any appeal would not be taken in good faith, and closed the case.
Judge Alison Nathan’s May 28, 2020 judgment stated that these decisions were based on reasons in a separate opinion and order dated the same day.
The detailed version
- In Re: Motors Liquidation Company · No. 1:19-cv-06668
- Alison Nathan
- May 28, 2020
Background
The judgment identifies Motors Liquidation Company as the debtor, Marianne OGrady as the appellant, and Motors Liquidation Company Avoidance Action Trust as the appellee. The judgment does not explain the underlying dispute or the arguments on appeal; it refers to a separate opinion and order dated May 28, 2020.
Rulings
The court dismissed the appeal with prejudice. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. As a result, the court denied fee-free status for purposes of an appeal. The judgment states that the case was closed.
Effect
The appeal was ended and, because it was dismissed with prejudice, could not be refiled. The judgment addresses the appeal and appellate fee status; the supplied text does not provide the court’s reasoning beyond incorporating the separate opinion and order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.