Fisette v. Keller, No. 11-3119 (8th Cir. 2012)
Annotate this CaseThe bankruptcy court denied confirmation of debtor's initial Chapter 13 plan because it proposed to "strip off" second and third mortgage liens on his residence. Debtor filed a modified plan that preserved those liens, noting his objection, and appealed the bankruptcy court's confirmation of the modified plan to the Bankruptcy Appellate Panel (BAP). The BAP reversed, concluding that a Chapter 13 debtor could strip a wholly unsecured residential mortgage lien, addressing additional issues, and remanded to the bankruptcy court to consider whether debtor's plan complied with the other confirmation requirements. The trustee appealed. The court dismissed the appeal for lack of jurisdiction because the BAP's remand order was not a final order for purposes of 28 U.S.C. 158(d)(1).
Court Description: Civil case - Bankruptcy. Bankruptcy Appellate Panel's remand order was not a final order for purposes of 28 U.S.C. Sec. 158(d)(1), and this appeal must be dismissed for lack of jurisdiction.
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