Questions Remain Over Chapter 11 Application Of Bullard

Law360, New York (September 30, 2015, 10:26 AM EDT) -- On May 4, 2015, in a unanimous decision, the U.S. Supreme Court, in Bullard v. Blue Hills Bank,[1] held that an order denying confirmation of a Chapter 13 debtor's proposed repayment plan is not a "final" order subject to immediate appeal. At the time, the case received much attention as it was widely anticipated that the Supreme Court could use the case as an opportunity to resolve a split among circuits on whether plan denial decisions can be appealed as a matter of right.[2] While the Bullard decision squarely decided that issue in the Chapter 13 context, the decision led to...

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