Summary:
In a case where confirmation appears to have denied because the Debtor sought to maintain direct payments of $1,227.16/month on an automobile, the debtor sought an interlocutory appeal to the district court as denial of confirmation of a Chapter 13 plan is not a final order appealable as of right. Bullard v. Blue Hills Bank, 575 U.S. 496, 503 (2015).
Following In re Biltmore Invs., Ltd., 538 B.R. 706, 713 (W.D.N.C. 2015), the district court denied leave to maintain interlocutory appeal as, even if the order involved a controlling question of law on which substantial ground for difference exists, the Debtor failed to meet his burden to show exceptional circumstances, or that an immediate appeal would advance the litigation
Commentary:
The Debtor can also attempt to advance an appeal by proposing a plan that would be acceptable to the court and trustee and then object to that confirmation himself. Whether that would require the surrender of the vehicle (risking the further denial of a stay pending appeal) or a substantially higher dividend, is unclear.
The Debtor testified that he is working 120+ hours a week at multiple jobs, but that likely unsustainable level of work does not appear to have been persuasive, perhaps because the Debtor may still be providing substantial support to multiple family members, has large tax claims and used much of the debt incurred to repair and improve his house.
While certainly not required, the Debtor in this case proposed, contrary to the custom of the court, to pay both this vehicle claim and the mortgage directly. Whether the Debtor would have fared better if these were paid through the Chapter 13 plan, giving the Trustee an additional dividend, a dirty question that no one likes to ask.
Additionally, the Debtor has nearly $600,000 in general unsecured claims and more than $100,000 in priority claims (even though there was less than $270,000 total scheduled.) Unmentioned in this case seems to be that the Debtor is substantially above the current Chapter 13 debt limit.
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