A unanimous U.S. Supreme Court ruled yesterday that a debtor in a chapter 13 bankruptcy proceeding may not immediately appeal the rejection of his proposed repayment plan, the National Law Journal reported yesterday. A bankruptcy court's order denying confirmation of the proposed plan is not an appealable final order, Chief Justice John Roberts Jr. wrote in Bullard v. Blue Hills Bank. The federal bankruptcy appeals statute authorizes appeals from final judgments in cases but also from “final judgments, orders and decrees … in cases and proceedings.” The federal circuit courts had split over what an immediately appealable "proceeding" is under chapter 13. "The relevant proceeding is the process of attempting to arrive at an approved plan that would allow the bankruptcy to move forward," Roberts wrote. "This is so, first and foremost, because only plan confirmation — or case dismissal — alters the status quo and fixes the rights and obligations of the parties." Read more. (Subscription required.)
Click here to read the Supreme Court’s opinion.
