An intermediate appellate court's affirmance of a bankruptcy court's denial of
confirmation of a reorganization plan is not a final order appealable under § 158(d)(1) so long as the debtor...
Summarized by James Clarke , Akin Gump Strauss Hauer & Feld LLP
11 years 11 months ago
Citation:
Pliler v. Stearns (In re Pliler), Case No. 13-1445 (4th Cir. Mar. 28, 2014)
Ruling:
In a published opinion, the Fourth Circuit affirmed the bankruptcy court holding that above-median debtors are obligated to maintain chapter 13 plans for 5 years where unsecured creditors are not...
Judge(s):
Duncan, Wynn, and Thacker (Opinion written by Wynn)
Eighth Circuit Court of Appeals, No 12-4018 (Jan. 31, 2014)
Ruling:
The Eighth Circuit affirmed the lower courts' rulings that the debtors' proposed chapter 13 plan unfairly discriminated against other unsecured creditors by proposing to pay nondischargeable tax...
8th Cir. (Court of Appeals - Eastern District of Arkansas - Jonesboro - July 9, 2013) Case Nos. 12-2370, 12-2686 and 12-3049
Ruling:
AFFIRMING the district court's ruling that JP Morgan Chase ("JP Morgan") is authorized to do business in Arkansas and may avail itself of the benefit of the Arkansas Statutory Foreclosure Act...
Bullard v. Hyde Park Savings Bank (In re Bullard), No. 12-054 (B.A.P. 1st Cir. May 24, 2013)
Ruling:
The B.A.P. affirmed the bankruptcy court's order, finding that the Debtor's "hybrid" plan was not confirmable. The plan proposed to modify several of Hyde Park Bank's (the secured creditor) rights...
Branigan v. Davis (In re Davis) Case No. 12-1184 (4th Cir. May 10, 2013)
Ruling:
In two “Chapter 20” cases, the Fourth Circuit affirmed confirmation orders stripping off valueless junior liens against debtors’ property. In a 2-1 ruling, the Court rejected the argument of...
Judge(s):
Before Circuit Judges Paul V. Niemeyer, Barbara Milano Keenan, and Andre M. Diaz. Judge Diaz wrote the majority opinion, in which Judge Niemeyer joined. Judge Keenan wrote a dissenting opinion.
Copeland v. Fink (In re Copeland), Case No. 12-6034, ---B.R. ---- (8th Cir. B.A.P. November 20, 2012)(slip opinion) (Schermer, J.)
Ruling:
AFFIRMING the bankruptcy court, the BAP found that a Chapter 13 Plan should not provide for payment of non-priority, unsecured claims ahead other non-priority unsecured claims based solely on...
