Bankruptcy — appeal

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United States Court of Appeals For the Seventh Circuit

Civil

Bankruptcy — appeal

Where the bankruptcy court did not issue an injunction, there is no appellate jurisdiction under rule 65.

“Landlord wants us to interpret ambiguous language in an opinion as an injunction and use it as the hook for an appeal that would present wholly different questions concerning the effects of Stern and the 2007 order. The Supreme Court has told us to use simple, clear rules for jurisdictional boundaries. See, e.g., Hertz Corp. v. Friend, 559 U.S. 77, 94–95 (2010); FEC v. NRA Political Victory Fund, 513 U.S. 88, 99 (1994); Budinich v. Becton Dickinson & Co., 486 U.S. 196, 202 (1988). Treating ambiguous language in an opinion as the basis of a tea-leaf reading is some distance from a simple and clear rule. It is not only simpler but also more respectful of the district court to interpret ambiguous language as reflecting a judge’s desires or expectations rather than as a coercive order. The district judge well knows the difference between an assumption and an injunction; both the text of the sentence in question, and the absence of an attempt to satisfy Rule 65, tell us that no injunction has been entered.”

Dismissed.

12-3133 In the matter of Rockford Products Corp.

Appeal from the United States District Court for the Northern District of Illinois, Reinhard, J., Easterbrook, J.