Legal Opinion · Concurrence
Zahn v. Fink (In Re Zahn)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided March 20, 2007No. BAP 06-6072WMPublished
1Concurrence
MAHONEY, Bankruptcy Judge, joined by KRESSEL, Chief Judge,
concurring.
I agree with the opinion of the majority because of the current state of the law in the Eighth Circuit regarding the finality of bankruptcy court orders which deny confirmation of a chapter 13 plan. I write separately to suggest that the Court of Appeals should revisit the issue of whether an order denying confirmation of a chapter 13 plan is a final order for appeal purposes.
As the majority recites, as a result of the decision in Lewis v. U.S. Farmers Home Admin., 992 F.2d 767 (8th Cir.1993), the law in the Eighth Circuit…
2Cases cited14 opinions
- In Re Holly Flor and Rudolph Mangels, Debtors. Holly Flor and Rudolph Mangels, Debtors-Appellants v. Bot Financial Corp., Creditor-AppelleeCourt of Appeals for the Second Circuit · 1996
- Salem, Maurice J. v. Neshewat, MichaelCourt of Appeals for the Seventh Circuit · 2006
- In Re Eugene Wayne Koch, Debra Marie Nelson-Koch, Debtors. Barbara G. Stuart, United States Trustee v. Eugene Wayne Koch, Debra Marie Nelson-KochCourt of Appeals for the Eighth Circuit · 1997
- Inalene Lewis v. United States of America, Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1993
- In Re Reuben F. Leimer, D/B/A Leimer Farms and Company, A/d/b/a R.F. Leimer Company, Debtor. Aetna Life Insurance Company v. Reuben F. LeimerCourt of Appeals for the Eighth Circuit · 1984
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