Gordon v. Bank of America, N.A. (In re Gordon)
- Summarized by Brandon Bickle , Gable & Gotwals, PC
- 9 years 3 months ago
- Appeal Nos. 12-1140, 12-1143 (Consolidated), 10th Circuit Court of Appeals
- Pahs' appeal of the reversal of his confirmation order was dismissed as moot. Pahs' failure to remain current on his plan payments while his appeal was pending resulted in the dismissal of his bankruptcy case. Therefore, the 10th Circuit was unable to grant any effective relief. In dismissing the appeal, the 10th Circuit remanded the case with instructions that the district and bankruptcy courts vacate their orders concerning confirmation of Pahs' chapter 13 plan. The Gordons' appeal was also dismissed, but for a different reason. While the bankruptcy court's confirmation order in the Gordons' bankruptcy case qualified as a final order for appeal purposes, the district court's resolution of the appeal remanded the case to the bankruptcy court for "significant further proceedings." This remand order rendered the decision non-final and non-appealable absent certification of the interlocutory order, which was not obtained, necessitating dismissal for lack of jurisdiction.
- Procedural context:
- Consolidated appeals from decisions of the U.S. District Court for the District of Colorado, reversing final orders of the U.S. Bankruptcy Court for the District of Colorado confirming the debtors' chapter 13 plans, and remanding the cases for further proceedings.
- The U.S. Bankruptcy Court for the District of Colorado, by local rule, requires that chapter 13 plans be submitted on a model form. In these two cases, the debtors (Pahs and the Gordons) submitted their plans on the model forms, but modified them. Nonetheless, the bankruptcy court confirmed both plans, and appeals to the U.S. District Court for the District of Colorado followed. The district court reversed both confirmation orders, holding that the debtors could not modify the model form, and remanded both cases "for the entry of plan confirmation orders and any related orders consistent with [the district court's] opinion." The debtors appealed to the 10th Circuit. During the pendency of the appeal, Pahs ceased making his chapter 13 plan payments, and his bankruptcy case was dismissed.
- Gorsuch, Ebel, and O'Brien, Circuit Judges. Opinion by Ebel
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