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PLAN DENIAL

Louis B. Bullard v. Blue Hills Bank

Issues

Does the denial of a debtor’s proposed reorganization plan in a bankruptcy case entitle the debtor to an immediate appeal on that ruling? 

In this case, the Supreme Court must determine whether a bankruptcy court’s denial of a debtor’s Chapter 13 reorganization plan is “final” within the meaning of 28 U.S.C. § 158 and thus immediately appealable by a debtor. Petitioner Louis B. Bullard argues that his Chapter 13 plan’s denial was “final” and thus appealable because the denial amounted to a court’s adjudication of a discrete issue within the bankruptcy process. In contrast, looking at an entire bankruptcy case as a “single judicial unit,” Respondent Blue Hills Bank argues that Bullard’s plan was not final and thus not appealable because Bullard’s plan was denied with leave to amend. The Supreme Court’s decision in this case will implicate practical considerations within the bankruptcy process and the appropriate balance between the bargaining power of debtors and creditors. 

Questions as Framed for the Court by the Parties

Whether an order denying confirmation of a bankruptcy plan is appealable.

Petitioner Louis B. Bullard (“Bullard”) purchased a house in Massachusetts, which he had financed through a mortgage with Respondent Blue Hills Bank for the amount of $387,000. See In Re Bullard, 752 F.3d 483, 484 (1st Cir. 2014).

Edited by

Acknowledgments

The authors would like to thank Professor Odette Lienau for her guidance in analyzing this case. 

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