Cert. Granted in Two Bankruptcy Cases

Posted by NCBRC - December 13, 2014

The Supreme Court has granted certiorari in Bullard v. Hyde Park Savings Bank, No. 14-116, and Viegelahn v. Harris (In re Harris), No. 14-400.

Bullard asks whether denial of confirmation is a final appealable order. The First Circuit Court of Appeals found that it was not. Bullard, No. 13-9009 (May 14, 2014) (disagreeing with Mort Ranta v. Gorman, 721 F.3d 241, 248 (4th Cir. 2013)).

Harris asks whether funds paid into a confirmed chapter 13 plan that are still in the trustee’s possession when the bankruptcy is converted to chapter 7 should be refunded to the debtor or paid to creditors. The Fifth Circuit found that the monies were properly distributed to creditors. Harris, No. 13-50374 (July 7, 2014) (disagreeing with In re Michael, 699 F.3d 305 (3rd Cir. 2012)).

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One Comment

  • Posted December 22, 2014 at 4:24 am | Permalink

    Post is articulate and well reasoned opinion by the Fifth Circuit.

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