Biixseth v. Eklund (In the Mater of BLX Group, Inc.)

Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
11 years 6 months ago

Citation:

Matter of BLX Group, Inc., No. 13-35122 (9th Cir. Aug. 26, 2014).

Tag(s):

Ruling:

A nondebtor’s appeal of an order confirming a chapter 11 plan was untimely with respect to an earlier order approving the estate’s transfer of claims against the appellant to a liquidating trust. Not-for-publication memorandum decision.

Procedural context:

The bankruptcy court entered an order approving the estate’s transfer of its claims against the appellant, Blixseth, to a liquidating trust. The court later confirmed a plan, which incorporated the claims-transfer order by reference. Blixseth timely appealed the confirmation order but not the claims-transfer order. The district court dismissed the appeal, and the Ninth Circuit affirmed.

Facts:

The claims-transfer order was itself appealable because the bankruptcy court lacked discretion to alter the assignment’s scope, and the assignment seriously affected the substantive rights of the creditors. Blixseth filed his notice of appeal of the confirmation order more than 14 days after entry of the claims-transfer order. Blixseth is at most a defendant in an adversary proceeding, and he lacks appellate standing to challenge the plan in that capacity.

Judge(s):

Alex Kozinski (Chief Judge), Richard A. Paez, and Marsha S. Berzon, Circuit Judges.

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