Gordon v. Bank of America, N.A. (In Re Gordon)
743 F.3d 720
10th Cir.2014Background
- Two separate Chapter 13 bankruptcies in the District of Colorado; debtors used the court’s model plan but modified it, and the bankruptcy court confirmed the modified plans.
- The district court reversed confirmation and remanded for entry of plan confirmations and related orders.
- Pahs’ appeal became moot after dismissal following bankruptcy proceedings and a prior agreement to continue plan payments; the district court’s order addressed his modification issues.
- Gordons’ appeal challenged the district court’s remand for significant further proceedings, not a final appealable order, raising jurisdictional issues under 28 U.S.C. § 158(d).
- This court has previously treated similar remand orders as non-final and non-appealable, and Simons governs the finality analysis; the court declines to overrule Simons at this time.
- The parties advocate § 1292(b) certification, but no certification was sought or granted, and the court lacks basis to review the interlocutory remand order on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Gordons’ appeal is final and appealable | Gordons argue remand was final enough to appeal | District court remand contemplates significant proceedings, not final | No jurisdiction; remand is not a final, appealable order under § 158(d) |
| Whether Pahs’ appeal is moot and must be dismissed | Pahs contends appeal remains viable despite dismissal | Bankruptcy dismissal divests this court of relief sought | Moot; appeal dismissed and remanded to vacate related orders |
Key Cases Cited
- Woolsey v. Citibank, N.A. (In re Woolsey), 696 F.3d 1266 (10th Cir. 2012) (finality of confirmation orders in bankruptcy appeals)
- Interwest Bus. Equip., Inc. v. U.S. Tr. (In re Interwest Bus. Equip., Inc.), 23 F.3d 311 (10th Cir. 1994) (finality in bankruptcy appeal context)
- HealthTrio, Inc. v. Centennial River Corp. (In re HealthTrio, Inc.), 653 F.3d 1154 (10th Cir. 2011) (remand for significant further proceedings generally not final)
- Simons v. F.D.I.C. (In re Simons), 908 F.2d 643 (10th Cir. 1990) (remand not final; finality principles apply to bankruptcy appeals)
- Sweeney (In re Sweeney), 492 F.3d 1189 (10th Cir. 2007) (distinguishes ministerial remands from significant proceedings)