Bank of New York Mellon v. Watt, No. 15-35484 (9th Cir. 2017)
Annotate this CaseDebtors appealed the district court's order vacating the bankruptcy court's confirmation of their chapter 13 plan. The Ninth Circuit dismissed the appeal, holding that, under Bullard v. Blue Hills Bank, 135 S. Ct. 1686 (2015), the district court's order vacating confirmation was not a final appealable order because the district court did not finally dispose of a discrete dispute. The panel also held that debtors had other opportunities to seek circuit court review pursuant to the certification methodologies in the general interlocutory appeals statute, 28 U.S.C. 1292(b), and the bankruptcy-specific certification procedures, 28 U.S.C. 158(d)(2).
Court Description: Bankruptcy. The panel dismissed for lack of jurisdiction debtors’ appeal from the district court’s order vacating the bankruptcy court’s confirmation of their chapter 13 plan and remanding the matter to the bankruptcy court. The panel held that under Bullard v. Blue Hills Bank, 135 S. Ct. 1686 (2015), the district court’s order was not final and appealable because it did not finally dispose of a discrete dispute within the bankruptcy case. The panel wrote that the parties could have sought circuit review by requesting certification of an interlocutory appeal under 28 U.S.C. § 1292(b) or § 158(d)(2) or could have appealed a more recent plan confirmation.
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