- Court: U.S. Supreme Court Certiorari Granted
- Area(s) of Law: Bankruptcy Law
- Date Filed: December 12, 2014
- Case #: 14-116
- Judge(s)/Court Below: Court Below: 752 F.3d 483 (1st Cir. 2014)
- Full Text Opinion
This case arises after the bankruptcy court sustained an objection by Respondent and rejected Petitioner's proposed Chapter 13 reorganization plan and ordered Respondent to offer a modified plan. Petitioner appealed to the Bankruptcy Appellate Panel for the First Circuit (“BAP”), which affirmed the rejection on the grounds that there was no final order, thus no right to appeal as permitted by 28 U.S.C. § 158(a)(1). Respondent appealed the BAP order. Upon consideration of the circuit’s law, the First Circuit dismissed the appeal for lack of jurisdiction under 28 U.S.C. § 158(d)(1). The court held that if a debtor can propose an amended plan, the order is not final.
Respondent’s arguments assert that grants of confirmation may be appealed, and that right should extend to denials; that denials are final order when made on the merits and determining a debtor’s substantive rights; and that it would promote judicial efficiency. The Supreme Court granted certiorari to resolve a circuit split on whether bankruptcy court denials of confirmation of proposed plans are final orders.