O&S Trucking, Inc. v. Mercedes Benz Fin. Serv., No. 15-2048 (8th Cir. 2016)
Annotate this CaseO&S challenged the Bankruptcy Appellate Panel's (BAP) dismissal of its appeal after the bankruptcy court confirmed a reorganization plan proposed by O&S. The BAP concluded that O&S did not have standing to challenge the bankruptcy court’s order confirming its proposed plan. The court found that, in light of the strong policy favoring finality in bankruptcy proceedings, the language in the confirmed plan was not sufficient to reserve O&S’s right to appeal from the plan confirmation or to place the bankruptcy court and creditors on notice that O&S would seek such relief. Accordingly, the court concluded that the BAP correctly held that O&S failed to carry its burden to demonstrate standing. The court affirmed the judgment.
Court Description: Gruender, Author,with Colloton and Shepherd, Circuit Judges] Civil case - Bankruptcy. In determining whether a party has standing, the court applies a "person aggrieved" standard; a debtor who objects to her own plan may be an aggrieved party and have standing to appeal confirmation, but here the debtor did not object to its proposed plan, and the BAP did not err in finding this omission fatal and dismissing debtor's appeal; the imprecise, conditional language used by debtor was insufficient to establish standing. [ January 21, 2016
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.