Case Type:
Case Status:
18-8005 (6th Circuit, Oct 30,2018) Published
The BAP dismissed creditor's appeal from an order denying a post-confirmation motion to dismiss, holding it was not a final order under In re Jackson Masonry and Bullard v. Blue Hills Bank. The BAP held the order denying the motion to dismiss did not change the status quo or relationship of the parties, since it simply kept the confirmed plan in place. The BAP also held there was no basis to grant leave to appeal under the BAP's four-part test for same.
Procedural context:
Creditors filed a motion to dismiss after the plan was confirmed, claiming it was not confirmable. The bankruptcy court denied the motion to dismiss and creditors appealed to the BAP.
Creditors purchased a home from Lane in 2014 and ultimately obtained an arbitration award and judgment in their favor for $126,895. Creditors filed a judgment lien, and approximately 60 days later, Lane filed Chapter 13. Lane's plan proposed to avoid the lien, creditors objected and the parties negotiated terms to resolve the objection, other than the interest rate to be paid. The court set the interest rate at 4.25%, overruled the objection and confirmed the plan. At the same time, counsel for the creditors was permitted to withdraw. The confirmation order was not appealed, but creditors filed a pro se motion to dismiss on the grounds the plan was not confirmable.
Buchanan, Dales & Wise. Opinion by Dales.

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