Bullard v. Blue Hills Bank (14-116)
argument 14-116Bullard v. Blue Hills Bank
Supreme Court of the United States
58 min
4 speakers
8 chapters
transcribed 6 days ago
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Why is a denial of bankruptcy plan confirmation appealable as a matter of right?
Next in case fourteen eleven six, Bullard versus Blue Hills Bank. Mr Feldman. Mr Chief Justice, and may it please the court. A denial of confirmation of a bankruptcy plan is appealable as of right under twenty eight USC Section one hundred fifty eight, the bankruptcy specific provision that deals with appeals in bankruptcy cases as opposed to other civil cases. That is because the denial of confirmation finally determines the debtor's right to the disposition of property and future income that's provided for in the plan that was denied.
How often when you have a plan denied is there typically Yeah, okay, we'll try again. Uh the judge says I don't like this part of it. You address it and fix it. In other words, you you try again or maybe a third time until you get it. Okay, now it's perfect, let's go ahead.
I would say very frequently that occurs. I'm sorry, very frequently. I'm sorry, very very
frequently. Well if it occurs very frequently, why does it make sense to allow uh an appeal from the first denial? Why not wait till why isn't the preceding the consideration of whether to confirm the plan and you wait until it's all done and the judge says, I'm not going to do this, I'm done. Um rather than If if you go through three versions of the plan, under your theory you would have the right uh uh to uh appeal each one.
Well, i I uh you would have the right to appeal each one. I don't think anybody would ever do it. There are many, many incentives for debtors, especially in Chapter thirteen, to not go ahead with appeals, but they want to get a plan confirmed and m move on with their lives and they don't have the ex the the money or the time or anything else to go through appeals of every issue. The importance of this is not for your
problem is that That may be because they never thought they had the right to appeal. Because it's very easy to get an interlocutory ruling. um if there's if the rejection of the plan is on a legal question. I still don't understand why you didn't go that route.
I actually we did go that route.
Yeah, and the circuit said you already filed your appeal so we don't have to.
The bankruptcy appellate panel said for a reason that I don't understand that they just didn't want to uh certify it to the Court of Appeals. They did certify it to themselves. Is it
is is it only the the debtor who can appeal a rejection of a plan?
I think our view would be yes, it's only the debtor. Well, it's only the proponent of the plan. In a chapter eleven, after the period of exclusivity, it could be a creditor uh who proposed the plan.
And what we say for thirteen would apply to eleven as well, isn't
it? I think as a as a general matter that's probably correct. This is a thirteen case and not an eleven case, but I think as a generally the question in both cases would be what is the nature of the proceeding? And it's similar but not identical in both cases. So it would turn on how
On eleven you you you would have some well healed uh uh litigants who who would would Would appeal
two or three times. Actually I I think it's unlikely in eleven also. The the debtor in eleven is somebody who usually wants to get they have a huge incentive to get the company or trying to reorganize the company and they're trying to get this company through the eleven process. It's very hard to operate in a chapter eleven. More uh they're trying to get it through as quickly as possible, and taking an appeal is just an impediment to that. The other side, you say the other side could appeal. A credit creditors also actually want their money. They usually want the plan want a plan to go into effect. The kinds of appeals in both eleven and especially in thirteen that are going to happen is not where the court says, well, you know, if you give another five dollars a week out of your your project, you have to devote your whole projected disposable income to the plan in thirteen.
If you give another five dollars a week, I'm f the I would approve it. Debtors are gonna all of those are gonna be modified and decredi.
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Chapters
8 chapters
1
Why is a denial of bankruptcy plan confirmation appealable as a matter of right?
0:00–6:39
2
What arguments are made about who (debtor or creditor) can appeal a plan denial?
6:39–11:58
3
How do interlocutory appeals differ from appeals as of right in bankruptcy cases?
11:58–19:50
4
What practical and procedural alternatives exist when a plan is denied?
19:50–27:32
5
Why might debtors in Chapter 13 have little incentive to pursue multiple appeals?
27:32–35:09
6
How do different circuit courts interpret the final‑order rule for plan denials?
35:09–42:57
7
What impact would allowing immediate appeals have on the bankruptcy system’s efficiency?
42:57–50:59
8
What conclusions does the Court reach regarding the scope of appeal rights for plan denials?
50:59–59:11