and Submitted July 11, 2017 Portland, Oregon
from the United States District Court No. 3:14-cv-02051-AA
for the District of Oregon Ann L. Aiken, District Judge,
Michael D. O'Brien, Jr. (argued) and Theodore J. Piteo,
Michael D. O'Brien & Associates P.C., Portland,
Oregon, for Debtors-Appellants.
Crystal S. Chase (argued) and Oren B. Haker, Stoel Rives LLP,
Portland, Oregon, for Plaintiff-Appellee.
E. Warren and Matthew D. Colley, Black Helterline LLP,
Portland, Oregon, for Amicus Curiae Meritage Homeowners'
Before: Marsha S. Berzon, Paul J. Watford, and John B. Owens,
panel dismissed for lack of jurisdiction debtors' appeal
from the district court's order vacating the bankruptcy
court's confirmation of their chapter 13 plan and
remanding the matter to the bankruptcy court.
panel held that under Bullard v. Blue Hills Bank,
135 S.Ct. 1686 (2015), the district court's order was not
final and appealable because it did not finally dispose of a
discrete dispute within the bankruptcy case. The panel wrote
that the parties could have sought circuit review by
requesting certification of an interlocutory appeal under 28
U.S.C. § 1292(b) or § 158(d)(2) or could have
appealed a more recent plan confirmation.
BERZON, CIRCUIT JUDGE.
address whether we have jurisdiction over an appeal from a
district court order vacating the bankruptcy court's
confirmation of a Chapter 13 plan. We conclude that we do
not, and accordingly dismiss.
2006, Nicholas and Patricia Watt purchased a second home in a
planned community in Newport, Oregon ("the
Property"). Like the other houses in the community, the
Property was subject to covenants, conditions, and
restrictions ("CCRs") enforced by the Meritage
Homeowners' Association. Oregon corporation Mortgage
Trust, Inc. loaned the Watts $296, 940 to finance their
purchase; later, Mortgage ...