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Bank of New York Mellon v. Watt

United States Court of Appeals, Ninth Circuit

August 16, 2017

Bank of New York Mellon, Plaintiff-Appellee,
v.
Nicholas Lee Watt; Patricia Moudy Watt, Debtors-Appellants.

          Argued and Submitted July 11, 2017 Portland, Oregon

         Appeal from the United States District Court No. 3:14-cv-02051-AA for the District of Oregon Ann L. Aiken, District Judge, Presiding

          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.

          Britte E. Warren and Matthew D. Colley, Black Helterline LLP, Portland, Oregon, for Amicus Curiae Meritage Homeowners' Association.

          Before: Marsha S. Berzon, Paul J. Watford, and John B. Owens, Circuit Judges.

         SUMMARY[*]

         Bankruptcy

         The 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.

         The 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.

          OPINION

          BERZON, CIRCUIT JUDGE.

         We 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.

         I. BACKGROUND

         In 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 ...


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