Bullard v. Hyde Park Savings Bank (In Re Bullard)
752 F.3d 483
1st Cir.2014Background
- Bullard owns property with a Hyde Park mortgage; value substantially less than Hyde Park's claim.
- Bullard filed a Chapter 13 in Dec 2010; Hyde Park filed a proof of claim for $346,006.54.
- Bullard's Jan 17, 2012 amended plan proposed a hybrid 506(a) bifurcation with secured portion equal to property value and a 5.26% unsecured dividend over 60 months.
- Bankruptcy court denied confirmation, sustaining Hyde Park's objection and ordering a new amended plan; deadline for amended plan was set and then continued.
- Bullard appealed to the BAP; BAP affirmed the denial; Bullard sought direct appeal to this court; this court concluded it lacked jurisdiction and dismissed the appeal.
- Panel concluded that an affirmance of a bankruptcy court's denial of plan confirmation is not final under § 158(d)(1) if the debtor may still propose an amended plan; dismissal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BAP's denial of confirmation is a final order under § 158(d)(1). | Bullard argues denial is final and ripe for direct appeal. | Hyde Park argues denial is not final while debtor may propose amended plan. | Not final; appeal dismissed for lack of jurisdiction. |
Key Cases Cited
- Perry v. First Citizens Fed. Credit Union (In re Perry), 391 F.3d 282 (1st Cir. 2004) (finality test for discrete disputes in bankruptcy)
- In re Gould & Eberhardt Gear Mach. Corp., 852 F.2d 26 (1st Cir. 1988) (remands may affect finality based on ministerial vs substantial remand)
- Mort Ranta v. Gorman, 721 F.3d 241 (4th Cir. 2013) (discusses finality of denial of confirmation; circuit split context)
- Lindsey v. Pinnacle Nat'l Bank (In re Lindsey), 726 F.3d 857 (6th Cir. 2013) (supports non-finality when debtor may propose amended plan)
- Watson v. Boyajian (In re Watson), 403 F.3d 1 (1st Cir. 2005) (order denying confirmation may be final upon dismissal of case)
- In re Northwood Props., LLC, 509 F.3d 15 (1st Cir. 2007) (flexible finality in bankruptcy; remands and ministerial tasks)
- Gordon v. Bank of Am., N.A. (In re Gordon), 743 F.3d 720 (10th Cir. 2014) (court acknowledges flexibility and jurisdictional limits)
- In re Lopez, 116 F.3d 1191 (7th Cir. 1997) (jurisdictional rules should be straightforward and not merits-based)