Civic Partners Sioux City, LLC v. Main Street Theaters, Inc. (In re Civic Partners Sioux City, LLC)

Citation:
No. 13-3636 (8th Cir. Mar. 3, 2015).
Tag(s):
Ruling:
The Court of Appeals lacks jurisdiction over appeals from non-final orders of the Bankruptcy Appellate Panel. In particular, an order denying confirmation of a chapter 11 plan of reorganization is interlocutory, and therefore nonappealable. Appeal dismissed.
Procedural context:
Debtor appealed four bankruptcy court orders to the Bankruptcy Appellate Panel, which ruled the appeals were improperly interlocutory and dismissed. Debtor then appealed to the Eight Circuit Court of Appeals.
Facts:
In its chapter 11 case, the debtor (Civic) moved for a ruling that the terms of an original lease applied, and not the subsequent, amended version of the lease. The bankruptcy court issued two orders concluding that the amended lease applied, and subsequently denied debtor’s motion for reconsideration of the same. The bankruptcy court denied confirmation of the debtor’s plan, too, following which the debtor appealed all four orders to the Bankruptcy Appellate Panel, which dismissed for lack of jurisdiction, and then to the Circuit Court. In dismissing the appeal, the Circuit Court held that its jurisdiction over BAP appeals is limited to appeals from “final decisions, judgments, orders, and decrees.” The court also observed that the debtor’s appeal of the three lease-related orders was untimely, having been filed well outside the 30-day period proscribed by Fed. R. App. P. 4(a)(1)(A), 6(b)(1). As for the order denying confirmation of the debtor’s plan, the Court of Appeals affirmed its holding from prior cases that “bankruptcy orders denying confirmation of a proposed plan but not dismissing the underlying petition are nonfinal decisions not subject to appeal.” Lewis v. US, Farmers Home Admin., 992, F.2d 767, 772 (8th Cir. 1993).
Judge(s):
Murphy, Smith, and Gruender.

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