Supreme Court Rejects Homeowner’s Bankruptcy Appeal – NMP Skip to main content

Supreme Court Rejects Homeowner’s Bankruptcy Appeal

May 04, 2015

The U.S. Supreme Court has rejected the notion that debtors in Chapter 13 bankruptcies should be allowed to appeal if a court declines to confirm their payment plans.

In a unanimous ruling in the case of Bullard v. Blue Hills Bank, the justices nixed the efforts of Randolph, Mass.-based homeowner Louis Bullard, who filed a voluntary Chapter 13 bankruptcy petition in 2010 in the U.S. Bankruptcy Court for the District of Massachusetts. Bullard’s lender, the former Creditor Hyde Park Savings Bank (now Blue Hills Bank) offered a proof of claim for about $350,000 based on a mortgage on Bullard’s property.

Both borrower and lender agreed that the property was worth was worth “substantially less” than its mortgage, but Bullard’s proposal for a payment plan that split his debt between a secured claim using the property as collateral and an unsecured claim for the remainder of the debt amount was declined by the bankruptcy court. The plan was later denied by the 1st Circuit Bankruptcy Appellate Panel, which claimed it had no jurisdiction to hear this type of an appeal.

The case was unusual because an unlikely alliance of the federal government, Bank of America and the advocacy group Public Citizen openly supported Bullard’s efforts. But in its ruling, the Supreme Court rejected Bullard’s effort to overturn the lower court’s decision, noting that the bankruptcy court’s initial rejection should not be seen as the be-all/end-all.

“A bankruptcy court’s order denying confirmation of a debtor’s proposed repayment plan is not a final order that the debtor can immediately appeal,” the justices wrote in their ruling.

About the author
Published
May 04, 2015
When AI Takes Action: New Federal Framework Raises Questions

New federal banking guidance examines the risks of autonomous AI, from borrower communications to servicing transactions, with a focus on human oversight and accountability

States Tighten Mortgage Rules For Home Equity Investments

Massachusetts, Maine, and Illinois are expanding oversight of home equity financing

West Capital LO Challenges Contractor Status, Required Fees

A former originator alleges unpaid overtime, recurring tech charges, and company restrictions that he says undermine his independent-contractor status

CFPB Closes 40% Of Investigations, Keeps Mortgage Enforcement In Focus

The federal watchdog closed thousands of supervisory and investigative matters as it narrowed oversight

Midterms Loom With Mortgage Policy Changes Already In Motion

As voters head to the polls Tuesday, Washington is weighing changes to refinancing costs, loan pricing, and lending regulations

UAD 3.6 Deadline Is Monday. Are Brokers Ready?

Wholesale lenders have adopted different rules for appraisal transfers, loan product changes, and reporting formats, adding complications for brokers and appraisers ahead of the Nov. 2 mandate