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IN RE BERTOLI

No. 86-5392.

812 F.2d 136 (1987)

In re Richard O. BERTOLI, Debtor in possession. John E. BERTOLI, Appellant, v. Bernard J. D'AVELLA, Jr., Trustee and Cameron F. MacRae, III, as Trustee for Executive Securities Corporation.

United States Court of Appeals, Third Circuit.

Decided February 26, 1987.

Attorney(s) appearing for the Case

Ravin, Sarasohn, Cook, Baumgarten, Fisch & Baime, Roseland, N.J., for appellant; Robert A. Baime, Bernard Schenkler, George R. Hirsch (argued), on the brief.

Hannoch Weisman, Roseland, N.J., for Bernard J. D'Avella, Jr., trustee; (Ronald M. Sturtz (argued), of counsel; Mary Ann Collins, on the brief).

Ravin, Greenberg & Zackin, P.A., Roseland, N.J., for Cameron F. MacRae, III, trustee; Jack M. Zackin and LeBoeuf, Lamb, Leiby & MacRae, New York City, Cameron F. MacRae, III, John S. Kinzey (argued), Lynn A. Dummett, of counsel.

Before HIGGINBOTHAM and BECKER, Circuit Judges, and DUMBAULD, District Judge

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal presents two discrete questions in the jurisprudence of interlocutory appeals. First, does a motion to the district court for certification of an interlocutory appeal pursuant to 28 U.S.C. § 1292(b) suffice to perfect the appeal in the absence of a formally filed notice of appeal? Second, under the 1984 amendments to the bankruptcy code, may a district...

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