Bullard v. Blue Hills Bank

Posted on May 6, 2015. Filed under: Uncategorized |

A well written summary of the recent United States Supreme Court Opinion holding that denial of confirmation in a Chapter 13 Bankruptcy is not a final order that the debtor can immediately appeal.

Kentuckiana Bankruptcy Opinions

(U.S. Sup. Ct. May 4, 2015)

The Supreme Court holds that an order denying confirmation of a Chapter 13 plan is not a final order that the debtor can immediately appeal. The debtor submitted a Chapter 13 plan that split the mortgage holder’s claim into a secured claim and an unsecured claim. The debtor proposed to pay only a small portion of the unsecured claim and to pay the secured claim in full but long after the plan period. The bankruptcy court declined confirmation, and the debtor appealed to the BAP for the First Circuit. The BAP first ruled that it was not a final order but then nevertheless reviewed the interlocutory appeal under 28 U.S.C. § 158(a)(1). The BAP affirmed. The debtor then sought review in the Court of Appeals, which recognized there was a split among the circuits on the issue of whether an order denying confirmation was…

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