Brown v. Bank of North Dakota (In re Brown)
- Citation:
- No. 10-6087 (B.A.P. 8th Cir. March 5, 2011)
- Tag(s):
-
- Ruling:
- Affirmed. Bankruptcy court's order denying confirmation of amended chapter 13 plan cannot be reviewed where Appellant failed to provide an adequate record for appeal of the decision. Appellate court will not review orders on appeal where Appellant failed to object to underlying motions in the first instance.
- Procedural context:
- Appeal from bankruptcy court orders (1) denying confirmation of amended chapter 13 plan, (2) granting secured creditor relief from the automatic stay, and (3) granting trustee's motion to dismiss bankruptcy case based on failure to make chapter 13 plan payments.
- Facts:
- Debtor filed a second amended chapter 13 plan, to which a secured creditor objected. A hearing was held, and confirmation was denied. An order memorializing the ruling, but not stating the basis, was entered. Shortly thereafter, the secured creditor filed a motion for relief from the automatic stay and the chapter 13 trustee filed a motion to dismiss the bankruptcy case "for failure to make plan payments." The debtor did not object to the latter two motions, no hearing was held, and the requested order were entered. The record for the appeal of the order denying confirmation, consisted solely of the pleadings and papers in the bankruptcy court file. the Appellant did not provide a transcript of the confirmation hearing.
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