Robb v. Harder (In re Robb)

Summarized by Lars Fuller , BakerHostetler
10 years 7 months ago

Citation:

Robb v. Harder (In re Robb), No. 15-6003 (BAP 8th Cir. July 16, 2015)

Tag(s):

Ruling:

The BAP for the 8th Circuit dismissed appeal for lack of jurisdiction. Debtor appealed order of bankruptcy court (W.D. Mo.- Jefferson City) overruling her objection to chapter 7 trustee's unsecured priority claim filed in her chapter 13 case. The BAP found that the debtor had no standing to appeal the order, notwithstanding that she appealed the denial of her own motion, because she was not aggrieved by the order allowing the trustee's claim. Under the "aggrieved person standard" of appellate standing, the bankruptcy court order did not diminish her property, increase her burdens, or impair her rights. The bankruptcy court's order only affected the allocation of distributions under debtor's chapter 13 plan. It did not increase debtor's plan payments, or otherwise affect debtor's obligations under the plan.

Procedural context:

Debtor objected to claim of chapter 7 trustee in her converted chapter 13 case. Bankruptcy court denied motion, allowing claim, and debtor appealed to BAP for 8th Circuit.

Facts:

Chapter 7 trustee identified defect in deed of trust securing debtor's home, and debtor converted case to chapter 13. Chapter 7 trustee asserted unsecured priority claim in the amount of $450 for investigation. No funds were distributed to creditors in chapter 7 case. Debtor objected to chapter 7 trustee's claim as being improper, asserting that trustee was only entitled to payment under 11 USC 326 on distributions made in chapter 7. Bankruptcy court denied objection, finding that allowance of claim promoted investigations by chapter 7 trustee. Debtor appealed to 8th Circuit BAP.

Judge(s):

Kreseel, Saladino, Shodeen

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