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Unpublished Paper
Flexible Finality in Bankruptcy: The Right to Appeal A Denial of Plan Confirmation
ExpressO (2015)
  • Joseph L Nepowada, Barry University
Abstract

This Article examines the current state of the law interpreting what “finality” means in context of a bankruptcy proceeding and what effect that interpretation has on the appealability of certain orders, such as the denial of plan confirmation under a Chapter 13 bankruptcy proceeding. The article highlights nine courts of appeals and their decisions concerning the appealability of a denial of a plan confirmation and it is apparent that the courts are split with three courts of appeal allowing a debtor to appeal a denial of plan confirmation as a matter of right, while six courts of appeal will deny a debtor the ability to appeal as a matter of right. The article examines the “finality” requirement for appeal. Particularly, surveying the flexible and broad interpretation of “finality” the courts have held to bankruptcy proceedings and what “finality” means to the ability to appeal certain orders from the bankruptcy court as a matter of right. Finally, recognizing this issue is ripe for Supreme Court review, the article proposes a uniform test that the Supreme Court should adopt in order to the end the disparity caused by the circuit split on this issue of “finality” for appeal. A uniform test would create an even playing field and uphold the ideals of the Constitution that the laws should be uniform throughout the land.

Keywords
  • Bankruptcy,
  • Plan Confirmation,
  • Chapter 13,
  • Chapter 11,
  • Appeal,
  • Circuit Split,
  • Plan,
  • Business,
  • Commercial,
  • Consumer bankruptcy,
  • Business bankruptcy
Disciplines
Publication Date
February 15, 2015
Citation Information
Joseph L Nepowada. "Flexible Finality in Bankruptcy: The Right to Appeal A Denial of Plan Confirmation" ExpressO (2015)
Available at: http://works.bepress.com/joseph_nepowada/1/