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2d 17
reclamation complaint was filed. 2 This appeal is taken from that order.
2
Lloyd, Carr & Co., a business operated by Alan Abrahams, sold commodity
future options by soliciting customers by telephone. The petitioning creditors
are telephone companies
By this time, the customers' representative had been given leave to withdraw
from representing gold option customers because of a potential conflict of
interest. Counsel now representing the gold option customers has sought to file
a separate reclamation complaint
This distinction has been abandoned in the Bankruptcy Reform Act, Pub.L. No.
95-598, 92 Stat. 2549 (enacted Nov. 6, 1978; effective Oct. 1, 1979), which is
not applicable to this case. See 1 Collier on Bankruptcy P 3.03(7)(b), at 3-295
(15th ed. 1979)
These general principles are subject to the qualification that appeals from
orders, decrees, or judgments involving less than $500 can be taken only by
allowance of the appellate court. Section 24a of the Bankruptcy Act, 11 U.S.C.
47(a)
5
The two cases on which the creditors rely most heavily for the proposition that
the order was not "trivial" are distinguishable. Both cases involved orders that
determined an issue instead of merely setting the stage for further consideration
of issues. In re Continental Mortgage Investors, 578 F.2d 872, 877 (1st Cir.
1978) (order in adjudicating CMI bankrupt substantially decided a step in
Chapter XI proceedings); In re Homer Arth Well No. 1, 529 F.2d 1272, 1274
(6th Cir. 1976) (orders deciding the identity of a trustee substantially
determined an issue)