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Both Sides Support Cert in Appeal of Order Denying Chapter 13 Plan

The Supreme Court may add another bankruptcy case to its agenda this term in a case where both the Petitioner and the Respondent support the grant of cert. No. 13-1416, Gordon v. Bank of America . The Petition can be found here and the Response in Support is here . Of course, the parties want to reverse...

Supreme Court Says Denial of Confirmation Not Automatically Appealable

In a surprisingly casual opinion, the Supreme Court, led by Chief Justice Roberts, has ruled that denial of confirmation of a chapter 13 plan does not give rise to a final order which can be appealed as a matter of right. Bullard v. Blue Hills Bank , No. 14-116 (5/4/15). The opinion can be found here...

Supreme Court Rules Debtor Entitled to Funds Remaining Upon Conversion of Chapter 13 Case

Acknowledging that the statutory language "does not say expressly" what should happen, the Supreme Court nevertheless ruled that undistributed funds held by the Chapter 13 trustee should be returned to the debtor following a conversion. The Court described its result as "the most sensible...

Professor Kenneth N. Klee on the Supreme Court's Holding in Bullard v. Blue Hills Bank

Professor Kenneth N. Klee analyzes the May 4, 2015, ruling in Bullard v. Blue Hills Bank, in which the Supreme Court settled a circuit split and held that an order denying confirmation of a chapter 13 plan is not an immediately appealable "final" order. Excerpt: In a unanimous opinion...